Driver, caregiver not at fault in HSR bus collision that killed 7-year-old: police

Hamilton police say the death of a seven-year-old boy who was struck and killed by an HSR bus Thursday was not the result of the actions of the driver or the child’s caregiver.

Investigators came to that conclusion Friday based on witness statements and video gathered at the scene of a bus stop near the corner of Emerald and Wilson streets.

A close family friend tells CHCH News that the young boy named Max and his mother got off the city bus shortly after 1 p.m. They say Max slipped and was run over by the bus going at a low rate of speed.

Max leaves behind three siblings and two parents.

“It’s sad, really sad,” says family friend Cheyenne McGowan-Whitwell. “He was a really happy and bright little boy, could make everyone laugh, lit up the room, and honestly, you never expect to hear something that close to home happen.”

Police say there were around 10 to 15 people on the bus at the time of the collision.

“We extend our deepest condolences to the child’s family and friends, as well as to the HSR bus driver and all witnesses affected by this devastating incident,” reads a press release from Hamilton Police Service.

The Amalgamated Transit Union (ATU) Local 107, the union representing Hamilton transit workers, shared its condolences to the family grieving the loss of their child.

WATCH MORE: Child killed after being struck by city bus in downtown Hamilton

“This tragedy is unbearable, and our hearts are with the loved ones who are facing an unimaginable loss,” ATU Local 107 President Eric Tuck said in a statement.

“We also recognize the profound impact this has had on the operator involved, who is devastated by what occurred. This is every transit operator’s worst fear.”

At a city hall committee meeting Friday, council began with a moment of silence.

“This is the first meeting in chambers since the tragic accident that occurred in Ward 3 at Wilson and Emerald yesterday,” says Nrinder Nann, the councillor for the area where the collision occurred.

READ MORE: 51-year-old Toronto man arrested in Hamilton following gift card fraud investigation

“I know it’s been on the minds and hearts of, if not all, Hamiltonians. I just want to take a moment, since it was a child, to request everybody in attendance take a moment of silence.”

The scene of the tragedy is currently undergoing construction related to the city’s LRT project, with lanes shifting and pedestrian walkways closing.

In a statement to CHCH News, Nann says the “safety needs of child pedestrians remain at the centre” of Hamilton’s road safety initiative.

“Staff are prepared to conduct a thorough review of this incident and the findings of the investigation to implement any immediate recommendations,” she says.

READ MORE: Police arrest 5 in connection with Ancaster jewelry store robbery

“Various departments in Public Works: Transit, Transportation Operations, and Engineering Services are cooperating with the investigation and will provide an update to my office and to the public as soon as they are able.”

McGowan-Whitwell says Max’s family is now trying to survive the days ahead — grieving a child, facing unexpected costs and doing it all in the shadow of the holiday season.

“I started a GoFundMe for the family mainly for the fact that a lot of people were posting in all the comments asking if there was one and I thought it would be helpful to the family,” McGowan-Whitwell says.

“I asked them if it would be okay. At first they were iffy because they didn’t want people thinking it was just for financial gain. But I explained to them that when my sister passed away when I was just 13, people started a GoFundMe and it kept us on our feet.”

READ MORE: Hamilton police appeal to public in solving the city’s latest distraction theft

For those who would like to support the mourning family of Max, donations can be made through this GoFundMe campaign.

Anyone with further information regarding this incident is asked to contact the Collision Reconstruction Office at 905-546-4753 or reconunit@hamiltonpolice.ca.

To provide information anonymously call Crime Stoppers at 1-800-222-8477 or submit your anonymous tips online.