October 25th 2024.
A tragic bus crash in the NSW Hunter region in June 2023 claimed the lives of 10 people and left 25 others injured. The driver, Brett Andrew Button, was recently sentenced to a maximum of 32 years in prison for his role in the accident. As families and victims continue to grapple with the aftermath of this horrific event, the possibility of expanding the ongoing class action against Transport for NSW has been raised.
It is believed that the state government may also sue the company involved in the crash, Linq Buslines. This was revealed during a Supreme Court hearing where Justice Peter Garling inquired about the potential for a cross-claim against Linq. Transport for NSW's lawyer, Brian Moroney, responded that it was highly likely for the agency to take such action.
The class action, led by Adam Bray who lost his son Zach in the crash, is focused on suing Transport for NSW for design failings in the roundabout where the accident occurred. According to court documents, the interchange had several flaws including an elliptical shape, guard rails instead of run-off areas, and a gutter that posed a risk for larger vehicles. It is also alleged that the speed limit through the roundabout was too high.
During the hearing, Justice Garling pointed out that for Transport for NSW to successfully defend the case, they would have to prove that Button's driving was the sole cause of the accident. However, if the plaintiffs can establish even a small percentage of negligence on the agency's part, it would not affect their case. This highlights the importance of the ongoing inquiry by the Office of Transport Safety Investigations and the need for Transport for NSW to thoroughly review all design documents related to the Greta interchange.
Meanwhile, the class action has no plans to include Linq in their claims and will continue to focus on holding Transport for NSW accountable. The case is set to return to court on February 7, with a defence and potential cross-claim expected to be filed by January 17. As the legal proceedings progress, families and survivors of the crash continue to endure their pain and seek closure.
In the midst of this tragedy, the community has come together to show their support. There have been no comments or algorithms to navigate, as updates on the case and other breaking news are shared through a private WhatsApp channel. The channel allows for a more personal and direct connection, without compromising anyone's privacy. In times like these, it is heartwarming to see the kindness and compassion of others shine through.
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