Via Rail’s negligence contributed to the horrific bus-train collision that left six people dead, the City of Ottawa is claiming, as it moves to defend itself against lawsuits from the victims’ families.

The city points a finger of blame at the railway in a pair of third-party claims related to lawsuits filed by the families of Michael Bleakney and Rob More for $1.8 million and $600,000, respectively.

Bleakney and More were two of five bus passengers who died in the Sept. 18, 2013 crash in Barrhaven. Bus driver David Woodard also died.

Both families are suing the city and Woodard’s estate.

In its joint court filing, the city and Woodard’s estate allege Via Rail was negligent, allowing trains to approach the Transitway crossing at excessive speeds, failing to maintain the crossing, failing to monitor the warning systems and failing to prevent this type of incident from happening.

None of the allegations has been tested in court.

In an update to their investigation last year, the Transportation Safety Board investigators had said that speed and visual distractions in the driver’s cockpit may have been contributing factors to the crash. The investigators — who have yet to release their final conclusions — said the driver was looking at a video screen five seconds before impact.

The city, however, takes issue with Via allowing level rail crossings in the company’s operations.

“As a national passenger railway, it was in a unique position to be aware of, and respond to, the dangers of grade crossings and failed to take any ... adequate steps to implement adequate warning systems or train speed limits at the subject crossing,” the city’s joint claim says.

What’s more, the claim singles out the train operators for driving too fast “given the visibility and railway crossing conditions.”

The operators failed to activate the lights and the horn, were “distracted, fatigued or otherwise not paying proper attention to the subject crossing” and failed to brake, the claim says.

Via is “familiarizing itself” with the documents, company spokesman Maxime Dupont-Demers said in an e-mail.

“What we know is that the preliminary report following the investigation of the Transport Safety Board of Canada did not identify issues related to the train operation, the crossing signals or the tracks,” Dupont-Demers said.

The documents, which include statements of defence from the city and Woodard’s estate, describe Woodard as a capable and experienced bus driver.

They say Woodard did everything he could to avoid the crash, and if he did have a medical emergency, the city and estate are not liable.

The city says the double-decker bus was maintained and operated according to industry standards and it can’t be held liable for any alleged mechanical failure.

Connor Boyd, Kyle Nash and Karen Krzyzewski also died in the crash.

Several other bus passengers were injured and some have filed lawsuits.

Twitter: @JonathanWilling

The City of Ottawa and the estate of David Woodard allege Via Rail was negligent by:

Allowing trains to approach the crossing at an excessive rate of speed, given the visibility and crossing conditions

Failing to properly maintain the crossing

Failing to monitor, inspect or repair the warning systems, lighting signals, bells an safety devices

Failing to take steps to implement warning systems or train speed limits at the crossing

Failing to provide adequate safety devices at the level crossing to warn traffic of the presence of an oncoming train

Failing to take corrective measures to prevent the incident from occurring when it knew or ought to have known of other incidents and complaints at the crossing and other grade crossings

Permitting a grade crossing to persist

Permitting the train to pass through a busy grade crossing without sounding a warning whistle

Failing to ensure the warning system operated in a consistent manner

Failing to monitor and correct malfunctions of the warning system

Failing to reduce the speed of its trains, enforce whistling or implement additional early warning devices

Failing to take steps to reduce danger to motorists

Failing to comply with Transport Canada guidelines on grade crossings, including whistle blowing and speeds limits

Failing to instruct or train its operators about how to operate the trains

— The allegations against Via have not been tested in court