Attorneys for Sean Higgins, the driver charged in the deaths of Columbus Blue Jackets player Johnny Gaudreau and his brother Matthew, argue in a new court filing that the brothers were riding in a northbound travel lane when Higgins’ vehicle struck them in Salem County, New Jersey. The filing, submitted Thursday in New Jersey court, disputes police accounts that the brothers were on the road’s shoulder. Higgins’ lawyers contend he could not reasonably have avoided the collision. They also allege the brothers were wearing dark clothing and were over the legal limit for alcohol. Those are defense claims, not findings established in court. The brothers were killed while cycling on Aug. 29, 2024. Johnny Gaudreau, 31, played two seasons for the Blue Jackets; Matthew was 29. Their wives were both pregnant at the time of the crash. Higgins, 45, was indicted in December 2024 on two counts of reckless vehicular homicide, two counts of aggravated manslaughter, evidence tampering and leaving the scene of a fatal accident. Prosecutors have alleged that he was intoxicated when the crash occurred. He has not been convicted. The case remains in pretrial proceedings. A judge previously declined to dismiss the charges and ruled that evidence from a search of Higgins’ vehicle, as well as statements he made to police, could be used in court. Higgins’ next court appearance is scheduled for Oct. 19.