Driver who killed Hamilton cyclist facing $8.5M lawsuit for 'reckless disregard' of life

The family of a Hamilton man who died while biking has filed an $8.5 million lawsuit against the driver who killed him.

A statement of claim filed Monday in Hamilton outlines why the family of Brian Woods say Marco Ferreira and Hardwall Construction Ltd., the company Ferreira worked for, are liable for his death.

"Ferreira showed reckless disregard for the lives of those using the roadway, including Brian Woods," the claim alleges, while Hardwall "permitted [its vehicle] to be operated by [Ferreira], who lacked the ability... to do so safely."

None of the claims have been tested in court. CBC Hamilton contacted Ferreira and Hardwall Construction for comment, but didn't immediately hear back from them.

"What the civil claim does is send the message that there will be significant financial consequences to those who drive dangerously," Dave Shellnut, lawyer for the Woods family, said.

Woods, 52, died while riding his bike on the Upper Wentworth Street near the Linc overpass on July 5, 2022. Woods is survived by his wife, his brother, his eight children and eight grandchildren, according to his online obituary.

As Woods was riding northbound, Ferreira struck him from behind while driving a 2017 grey Dodge minivan owned by Hardwall Construction Ltd.

The claim states Ferreira was distracted, looking for cigarettes, when he hit Woods.

The claim also says he and the vehicle were "uninsured or underinsured" during the crash.

It also says Ferreira entered a plea deal for the non-criminal charge of careless driving causing death, which is when someone drives "without due care or attention or without reasonable consideration," according to the Highway Traffic Act.

The provincial offences court ordered Ferreira to pay a $12,500 fine, perform 100 hours of community service and not drive for two years (except when driving to the GO train for work) — a ruling Shellnut and the family call an "injustice" that "deserves to be rebuked."

"His life is not being interrupted in a substantial way," Shellnut said.

Shellnut said he doesn't think putting Ferreira behind bars would've helped, but said drivers who do something negligent or dangerous shouldn't be able to drive "for a long time."

Shellnut also said the province should pass Bill 40, the Moving Ontarians Safely Act, which implements harsher penalties against drivers responsible for crashes that kill or injure pedestrians, cyclists, and other people who use the roads without cars.