The mother of a competitive New Brunswick cyclist, who was struck and killed while riding in Sussex, N.B., two years ago, has filed a lawsuit against the alleged driver.
Ellen Watters, 28, was badly injured after being hit by a vehicle while training in Sussex, N.B., on Dec. 23, 2016. She was taken to hospital with serious injuries, where she later died.
READ MORE: Friends remember N.B. cyclist Ellen Watters, call for provincial road safety change
According to court documents, her mother, Nancy Watters, filed a lawsuit against Wayne Sabean of Digby, N.S., on Dec. 21, 2018, alleging he was driving “without due care and attention” when he struck Ellen along Riverview Drive in Sussex.
In the statement of claim, Nancy Watters alleges the accident was caused “solely by the negligence of (Sabean) for striking the bicycle of Ellen Watters when his attention was distracted as he was trying to determine how to get to Riverview and onto the highway.”
The lawsuit was filed under the Fatal Accidents Act and the Survival of Action Act. Watters is alleging she has suffered pecuniary loss, and claims the following relief from Sabean:
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- Past and future pecuniary loss for loss of the “many valuable services provided by (Ellen)”
- Funeral expenses
- Loss of bicycle
- Other costs determined by the court
The law firm representing Watters would not comment. The claim has not been proven in court.
WATCH: Cyclists pedal in memory of Ellen Watters
Few details have been released by police regarding the crash itself, including the reason why charges were not laid and the identity of the driver. At the time, police would only say they had a traffic reconstructionist at the scene to investigate the exact cause.
Ellen Watters had been rising up the ranks since joining the Ottawa-based The Cyclery Racing Program in 2014. Following her death, her family called for the province to enact new legislation to ensure the safety of cyclists.
READ MORE: Cyclists gather for Ellen’s Tour de Sussex in memory of Ellen Watters
That resulted in the creation of Ellen’s Law, which requires all drivers to stay at least one metre away from passing cyclists. If there’s not enough room in the lane, drivers are allowed to cross the centre line while passing bikes, when it is safe to do so.
Drivers who violate the law could face a fine of $172.50 and loss of three demerit points.
The amendment received final approval on May 5, 2017, when dozens of cyclist gathered at the legislature to celebrate the law.
— With files from The Canadian Press.
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