Victims of Bus Crash File Lawsuit Against State for Negligence in Maintaining Unsafe Interchange

Families who lost loved ones in a tragic bus accident have initiated legal action over the roundabout where the incident occurred, while the responsible driver faces a lengthy prison sentence.

Brett Button, 59, was handed a 32-year sentence on Sep. 11, with a non-parole period of 24 years, for causing the deaths of 10 passengers and injuring 25 others who were attending a wedding celebration in the New South Wales (NSW) Hunter Valley.

Button accelerated as he approached the roundabout, leading to the bus losing control, hitting a guardrail, and flipping onto its side.

It was determined that Button was under the influence of an opioid painkiller while driving.

Despite concerns from crash survivors and families of the victims, prosecutors opted for reduced charges related to driving offenses instead of pursuing manslaughter charges.

In a class action filed in the NSW Supreme Court on Sep. 12, survivors, families of the victims, first responders, and insurance companies have come together to seek compensation from the state’s transport authority for physical and psychological damages resulting from the crash.

The lawsuit alleges that Transport for NSW is liable for safety shortcomings on Wine Country Drive at Greta, where Button was driving when the bus carrying 35 wedding guests crashed around 11:30 pm on June 11, 2023.

Court documents state that the roundabout had multiple design flaws, including its elliptical shape instead of being round, the use of guardrails instead of run-off areas, and a gutter that posed a risk for larger vehicles.

Additionally, the speed limit at the roundabout was deemed excessively high.

The statement of claim asserts that audits conducted by Transport for NSW failed to identify the hazardous design and construction of the roundabout.

Lawyers representing the class action informed AAP that they anticipate the involvement of Button’s employer, Linq Buslines, in the case.

Adam Bray, who lost his son Zach in the crash, emphasized that the legal action aims to hold authorities accountable for the 10 deaths that could have been prevented.

Bray highlighted evidence from the court indicating that Button had been suspended from another company for consuming 40 opiates per week.

Button had not disclosed his use of painkillers when he began working at Linq.

When asked about the lawsuit, NSW Premier Chris Minns stated that families have the right to pursue legal action, and he respects their decision.

Transport for NSW declined to comment on the legal proceedings but reiterated its support for those impacted by the tragedy.

A spokeswoman from Linq mentioned that the company had not been notified about the case and therefore could not provide a response, extending sympathies to the families during this challenging time.

Prior to his sentencing, Button expressed remorse and shame in court, admitting that he could not forgive himself.

He claimed to have been using Tramadol since 1994 and had developed a tolerance to the opioid used for pain relief.

On the day of the crash, Button had consumed 350 milligrams of Tramadol, exceeding the recommended daily dosage of 200 milligrams as advised by doctors.

He pleaded guilty to several charges related to reckless driving, resulting in deaths and injuries.

Bray commended Judge Roy Ellis for the sentencing but noted disappointment that similar severity was lacking in other cases of road trauma.

He emphasized the profound and lasting impact of the tragedy on numerous lives, acknowledging that no amount of time can undo the damage caused.