The grieving father of one of the victims of the horrific Hunter Valley bus crash has launched a class action lawsuit against a government body that maintains roads.
Adam Bray, father of Zach Bray, 29, who tragically died in the crash, launched civil action against Transport for NSW, and the matter was heard in a Sydney court on Friday.
Ten people were killed and 25 others injured when a Linq Buslines coach overturned while driving through a roundabout near Greta in New South Wales’ Hunter Valley in June 2023.
Bray and others involved in the class action launched a civil claim in the New South Wales Supreme Court, alleging Transport for NSW breached its “duty of care”.
Bray and the class action group are seeking compensation for crash survivors who were physically or psychologically injured and for others who suffered “mental harm.”
The action focuses on the claims where the fatal incident occurred.
A key claim by Mr. Bray and the class action group maintains that the intersection was incorrectly labeled as a “roundabout” on traffic signs, when it was actually shaped like an oval.
The statement of claim also argues that a lack of safety signage, tall vegetation and the absence of a runoff area or embankment contributed to the accident and its severity.
Adam Bray (pictured right) has launched a class action lawsuit against Transport for NSW over the Hunter Valley bus crash in 2023. Mr Bray is pictured with his son Zach, who died in the crash.
A key claim by Mr. Bray and the class action group maintains that the intersection (pictured) was incorrectly labeled as a “roundabout” on traffic signs, when it was “elliptical in shape.”
The group argues that the 50 mph speed limit is not appropriate for the crossing, and “there is no other change to the speed limit or any recommended speed sign for the crossing.”
The class action group argues Transport for NSW’s duty of care was breached.
“The breaches detailed above were such as to give rise to a real and significant risk that a driver of a heavy vehicle… who entered the junction and was exercising reasonable care… could nevertheless lose control of the vehicle,” the statement of claim said.
On Friday, Transport for NSW lawyer Brian Maroney said it was “very likely” his client would bring his own claim against the bus owner, the ABC reported.
Zach Bray (pictured) was one of ten people who died when a Linq Buslines coach overturned while going through a roundabout near Greta in New South Wales’ Hunter Valley in June 2023.
The case will return to the NSW Supreme Court on February 7.
In addition to Bray’s son, Zach, other people who died in the crash were Nadene McBride and her daughter, Kyah, 22, Kane Symons, 21, Andrew Scott, 35, and his wife, Lynan, 33, Angus Craig, 28, Darcy Bulman. 30, Tori Cowburn, 29, and Rebecca Mullen, 26.
Brett Button, 59, was taking guests from a wedding reception at Wandin Valley Estate, two hours north of Sydney, back to Singleton in the evening in fog when the bus pulled away.
Button was sentenced to 32 years in prison, with a non-parole period of 24 years, by Judge Roy Ellis at Newcastle District Court in September.
Sentencing, Judge Ellis said Button was under the influence of the opioid painkiller Tramadol and had “abandoned his responsibility” to his 35 passengers at the time of the crash.
Last month, the New South Wales Supreme Court confirmed that Button’s lawyers plan to appeal the sentence.
Brett Button, 59, was taking guests from a wedding reception at Wandin Valley Estate, two hours north of Sydney, back to Singleton in the evening in fog when the bus pulled away.
