04/16/2013 12:13 EDT | Updated 06/16/2013 05:12 EDT

Ontario children killed by truck in I-75 pileup, say lawyers

A truck with deficient brakes is to blame in the death of two Windsor area children, who died in crash on Michigan’s I-75 in January, alleges a Windsor law firm.

Greg Monforton and Robert Darling claim a 1996 model truck in poor working order and not weather is to blame for the deaths of Aidan Hicks, 7, and Gabrielle Greenwood, 9, who died Jan. 31 in a 50-car pileup during snow squall.

Monforton and Darling allege less than half the brakes on the truck and trailer were operating at the time of crash and that the driver had a long list of traffic violations, issued not long before the crash.

The lawyers said the the truck driver had five violations in the past, including three for speeding and two for driving too closely. They did not name the driver or the company for which he worked.

“The fatalities of these two beautiful children and injuries to their family members were caused by factors other than weather conditions,” the lawyers wrote in a media release Tuesday.

Aidan's mother and Gabrielle's stepmother, Kimberly Barrett, sustained severe injuries. Glen Greenwood, who is Gabrielle's father and Aidan's stepfather, and Hannah Greenwood were also injured.

Monforton called the crash "avoidable" and "preventable."

The lawyers have not officially filed a lawsuit. None of the claims have been proven in court and the lawyers are still working closely with police in Michigan.