'It's not easy': Survivors of deadly Icefield tour bus crash near Jasper, Alta., file $17M lawsuit

An Alberta woman who survived the deadly crash of a tour bus in Jasper National Park this summer says she lives with the pain of her injuries every day.

SwetaPatel's uncledied July 18when aglacier sightseeing vehicle rolled off a road on the Columbia Icefield.

The tour bus crash killed three people and injured 24 others.

Patel, 27, and her husband Suraj, 31, who live in High Prairie, Alta., both suffered serious injuries.

The couple areamong six survivors and the estate of a victim who died who have filed a lawsuit against the tour company operators, seeking more than $17 million in damages.

Patel appeared at a news conference Wednesday in Edmonton in a halo head brace.

WATCH | Survivors sue tour operator over deadly Jasper bus crash:

Survivors sue tour operator over deadly Jasper bus crash

4 years ago

Duration 1:50

Some of the survivors of a deadly tour bus rollover in Jasper National Park have filed a lawsuit against the tour operator for $17 million.

She has a C1 fracture in her neck which is still healing. She also suffered fractures to hertemporal bone,orbital bone, ribs and scapula. Patel said shehas been unable to work and can no longer care for herself.

If her injurydoesn'theal, she will have permanent mobility issues in her neck, she said.

Even so, she said she considers herself one of the lucky ones.

"Though I survived, I am left with devastating mental and physical injuries," Patel said.

"I now live a completely dependent life,filled with a series of doctors and legal appointments."

"I have over 20 fractures and the pain that I go through every day, it's not easy."

Patel workedas a medical office assistant. She is trained as a nurse and was in the process of taking courses to become recognized as an RN in Alberta after moving to Canada from Kenyain January 2019.

'We hope this lawsuit will bring change'

The couple was planning to have children this year but due to theirinjuries, plans to expand their family are on hold.

SurajPatel suffered a lumbar fracture, broken rib and scapula fracture. Hehas been unable to work as a pharmacist in High Prairie due to surgery he had on his clavicle bone.

SwetaPatel said she is not sure if she and her husband will recover. She said they are struggling financially and that the tour operatorhas offered no assistance.

"We purchaseda ticket with this company because they were well known and trusted," she said. "We were left by ourselves.

"We hope this lawsuit will bring change."

Basil Bansal,a lawyer with Diamond and Diamond LLP a firm specializing in personal injury claims and victims addressed reporters in Edmonton Wednesday to providedetails on their lawsuit.

The statement of claim lists seven plaintiffs includingthe estate ofKamleshbhaiPatel of India. Patel wasapassenger seated in the second last row of the bus. He died at the scene.

The list of defendants includes Brewster Travel Canada Inc, Viad Corp., Glacier Park Inc., Brewster Inc., Banff-Jasper Collection Holding Corp,and the unnamed driver.

The statement of claim alleges the affiliated companiesacted "recklessly and unreasonably"in failing to take reasonable steps to ensure that the tour bus and road were properly maintained and that the operator of the tour bus was qualified.

It further alleges the bus was operated by an "incompetent driver."

CBC News sought comment Wednesday from the tour company, which is known as Pursuit. A spokesperson issued a statement that didn't address the new lawsuit.

"Since the incident occurred, we have been committed to supporting those involved in the incident, their families and our staff with any immediate and ongoing needs," the statement said."We continue to actively support a transparent and multi-agency investigation into the causeofthis tragic accident."

Bansal said survivors have suffered in many ways, including spinal injuries, concussions, depression and PTSD.

"People cannot be replaced and safety procedures should not be ignored," he said.

"Many of the injuries sustained by passengers werepermanent and catastrophic.

"Ourlaw firm believes that this crash was preventable and that it occurred as a result of a variety of failings by the parent company. "

WATCH |Eyewitnesses describe Columbia Icefield roll over:

Eyewitnesses describe Columbia Icefield roll over

4 years ago

Duration 1:25

Three people are dead and 24 injured after a glacier sight-seeing bus rolled over near the Columbia Icefield in Alberta's Jasper National Park.

The lawsuitalleges that the companyfailedto take reasonable care that the bus was safe, failed to install seatbelts, failedto provide proper inspections and failedto properly train its drivers.

The all-terrain Ice Explorer lost control while carrying passengers on the road to the Athabasca Glacier. The bus, which was carrying 27 people, rolled about 50 metres down a moraine embankment before coming to rest on its roof.

What caused the rollover of the big-wheeled, off-road tourist bus remains under investigation by RCMP.

AnRCMPspokesperson said Wednesday it could be three months before collisionreconstructionistscan finish their work and release a report on what happened to Alberta RCMP investigators. A mechanical inspection on the vehicle was completed in early August.

"This inspection is only one portion of this much larger investigation," RCMP Cpl. Deanna Fontaine said.

In August, an application for aclass-action lawsuit was filedby James H. Brown & Associates with the Court of Queen's Bench in Calgary, alleging the tour bus operatorsacted recklessly and unreasonably.

Named in that statement of claim are Brewster Travel Canada Inc., Viad Corp., Glacier Park Inc., Brewster Inc., Brewster Tours, Banff-Jasper Collection Holding Corp., and the unidentified driver of the coach.

The lead plaintiff in the class action filed in Calgary is Devon Ernest, 22, from North Battleford, Sask..

Ernest was on the tour with his girlfriend, Dionne Durocher, of Canoe Narrows, Sask., and his cousin, Winnie Ernest.

Durocher died at the scene. Devon Ernestsuffered a concussion, a fractured wrist and lacerations to his head and hands.

The class action must be approved by a judge if it is to go ahead.

Rick Mallett, the lawyer leading the lawsuit filed in Calgary, said he expects the case will be certified as a class action in a few months. In the meantime, investigators with the firm are gathering evidence, he said.

Mallettsaid the firm hireda helicopter to obtain video evidence of the ColumbiaIcefieldlayout and is working on 3D modelling of what occurred.

The firmalso plans toconduct its own mechanical inspection of the vehicle once RCMP makethe evidence available.

"We're still focused on driver error and the mechanical issues,"Mallett said Wednesday.

"Many of the mechanical aspectsare still under RCMP seizureso we're still waiting for those to be released. And once they're released, our experts will be having a look at those.

"There has been a lot of action over the summer and into the fall. It will depend a little bit on the court's timetable, but I would hope over the next few months we're in court on our way to certification.

The class action has 12 claimants, he said, but ultimately all the passengers on the bus are included in the claim unless they choose to officially opt out.

The Columbia Icefield is one of the largest non-polar icefields in the world. It spills down from the mountains about 100 kilometres south of Jasper.