Article: QR sues Brisbane City Council over bus, train crash

[ozbob]

From the Courier Mail click here!


QR sues Brisbane City Council over bus, train crash

QR sues Brisbane City Council over bus, train crash
Article from: AAP

April 07, 2009 04:08pm

QUEENSLAND Rail is suing Brisbane City Council for $260,000 relating to damages over a train and bus collision at a level crossing.

In a statement of claim filed in the Supreme Court in Brisbane on Tuesday, Queensland Rail  is seeking $260,000 in damages over the collision at Stones Rd, Sunnybank, in Brisbane's south on April 8, 2003.

It claims one of its trains was damaged when it ploughed into a bus that was on the level crossing.

QR is claiming the bus' damaged wheelchair ramp had struck the road when it tried to cross the track at the level crossing about 10.45am.

Court documents state this resulted in the bus being unable to manoeuvre off the track before the train hit it.

QR claims the council was negligent by failing to properly inspect and maintain the bus before allowing it to be driven on a public road.

QR also claims the bus driver had not been given adequate training about how to remove the damaged bus from the tracks.

According to court documents, QR has also raised questions about whether the driver had been driving too fast, or if he had started to cross the tracks when the level crossing warning lights were flashing.

No date has been set for a hearing.

A bus driver was seriously injured in the crash, while 100 passengers on the train escaped injury.

[wbj]

6 years after the event.  Nothing like timely justice!

[ButFli]

Time limit is 6 years, so they got in on the last day.

[SteelPan]

Time will tell, but I hope the Judge socks it to QR, for basically waisting court-time (not to mention taxpayer money).  6 years to decide, Yes, we do wish to pursue this matter - crazzy!  Imagine the time/MONEY already expended by QR's internal legal team and external legal counsel - More CRAZZY!  And for what, around a 1/4 of a million $$ or so - over 6 years - that would get swallowed up in the morning tea budget over that time frame! 

Above all, talk about robbing Peter, to pay Paul, either way, the Tax/Ratepyer gets the bill! POOR POOR QR Management - AGAIN!

[ozbob]

The delay seems a bit odd.  And the obvious question is why legal action for just this incident?  There are many other examples of negligence contributing to level crossing crashes.  Is it designed to send a message?  Is it just a reflection of a new management approach?

As you suggest SteelPan, time will tell indeed.

[brismike]

Isn't this really Translink suing Translink? Only winners on this will be the Lawyers as usual and the bill will be paid for by the us .. the taxpayer/ratepayer. 

[mufreight]

The BCC as a contractor to Translink and as the operator of the bus involved should be insured for incidents such as this which would appear to have been due to negligence on the part of the BT driver.
QR is entitled to compensation for the damage to its train and also from the comercial sense for the loss of earnings while this train set was out of service for repairs.
QR network would also be entitled to any damages to its infrastructure and loss of revenue while that damage was being reinstated.
Inevitably the Council insurer will have to pay not Translink.