A trial is underway for a driver who was allegedly street racing when he struck and killed an 83-year-old man at a bus stop in Surrey almost three years ago.

Gurjit Singh Dhillon, 28, appeared in provincial court Wednesday on a charge of dangerous operation of a motor vehicle causing death for the Sept. 17, 2009 crash.

The Crown alleges Dhillon was racing his black Corvette against a yellow Corvette near 72nd Avenue and 127th Street when he lost control, jumped a curb and hit the bench where victim Pritam Benning was sitting.

The senior’s legs were severed below the knees, and he died in hospital five days later.

The court heard Wednesday that Dhillon stayed at the scene, called 911 and tried to help Benning after the accident.

Members of the victim’s family spoke to reporters outside the courthouse, saying they are still devastated by their loss.

“It’s never easy to lose anybody, and to lose them this way – it’s unbelievable,” Benning’s wife Gurby said.

The victim’s son Manjit, who described his father as a hardworking, dedicated family man, said he isn’t holding out hope for justice.

“With all the sentences that have been handed out lately, we’re not expecting too much,” he said.

Police have still yet to identify the driver of the second car, and previously announced they had exhausted all possible avenues of investigation.

The trial is set to continue Thursday morning.

With a report from CTV British Columbia’s Julia Foy