A FATHER who lost his son in the horrific Greta bus crash has revealed a class action lawsuit has been launched against the state's transport authority.
It comes as passengers that survived the "bus of hell" on June 11 last year raised concerns in Newcastle District Court this week that "multiple systemic failures" had contributed to the tragedy.
Zachary Bray was one of 10 people killed when Brett Andrew Button, 59, rolled a coach with 35 wedding guests on board at a Wine Country Drive roundabout.
A harrowing three-day court hearing on Wednesday ended with Button being sentenced to 32 years in jail, with 24 years non-parole, for 10 counts of dangerous driving occasioning death and 25 other charges.
Zach's father Adam told the Newcastle Herald the day after the landmark decision was handed down that a class action was in progress against Transport for NSW.
He said the authority was responsible for the design, construction, regulation, management and maintenance of the roundabout where the crash occurred and the surrounding area.
"The failures in that have had a significant impact ... they have a hell of a lot to answer for," Mr Bray said.
He accepted the "rogue and reckless" bus driver - who had taken too much prescription painkiller, was driving too fast and taking risks - caused the crash and Mr Bray said he was satisfied with the lengthy sentence.
But, the statement of claim raises questions about the elliptical shape of the roundabout, a lack of warning signs for buses and trucks to slow down, vegetation, and the placement of the metal guard rail.
The speed limit was also highlighted, with an 80 kilometre per hour sign being the last one before the roundabout.
The class action has been brought under the state's Civil Liability Act in the NSW Supreme Court on behalf of all those affected by the crash, including victims' families, survivors and first responders.
"[The scene] was like a war zone ... so the bravery of these people needs to be recognised, needs to be compensated," Mr Bray told the Herald.
"The mental health impact on the broadness of the group that's been impacted by this tragedy is horrendous and needs to be compensated."
When Button himself gave evidence in court on Wednesday, he said the roundabout was "a strange shape at the end" and he had been trying to work out what happened.
Crown prosecutor Katharine Jeffreys asked Button if he was trying to suggest the road design played a role in the crash.
"I don't think it's a perfect roundabout, that's for sure," he replied.
Ms Jeffreys asked if he was trying to find any explanation besides his own conduct.
"I blame me," Button said in a small voice, shaking.
" I don't stop thinking about it, ever."
Mr Bray said Linq Buslines, Button's employer at the time of the crash, had escaped scrutiny during the court proceedings but the company could be drawn into the class action.
Mr Bray has been fighting for bus industry reform since the crash.
A Transport for NSW spokesperson said the authority continued to offer support to victims and their families.
"It is inappropriate to comment on future legal proceedings at this time," they said on Thursday.
A Linq Buslines spokesperson said the company had not received a notification of a class action at that time and could not comment further.
"We appreciate that this is an extremely difficult and ongoing matter for the families and our sympathy lies with them," the spokesperson said.
The class action revelation comes after more than 40 heart-wrenching victim impact statements were read or handed up to Newcastle District Court during Button's sentencing hearing this week.
Judge Roy Ellis said the statements graphically painted a picture of extreme devastation as loved ones tried to put into words the gravity of their losses and their relentless physical and mental suffering.
Multiple victim impact statements described the tragedy as entirely avoidable.
Wedding bus passengers 'let down'
Grievously injured passenger Sharyn Junkeer told the court on Tuesday that she had spent the past 15 months trying to comprehend how such a catastrophic event could happen in Australia.
"To me, it seems as though there has been multiple systemic failures at many different levels that have contributed to this tragic event," she said.
"As more and more details relating to the circumstances surrounding the accident have become available, I have become increasingly angry at a system that has failed all of us, including the driver."
Button was stood down from a previous employer in 2022 after a specialist report found he was dependent on the opioid painkiller he had been taking since 1994, Tramadol, and was vulnerable to addiction.
Ms Junkeer questioned why Button was able to continue driving a private bus, why his prescriptions continued, why his use was not reported to authorities, why there was not mandatory screening and a database of results for future employers.
She asked why internal cameras were not fitted on all buses to monitor the behaviour of drivers.
"The accident was a perfect storm of enormous gaps, loopholes, and the absence of inter-agency communication and information sharing," she said.
"While [Button] obviously bears considerable responsibility for the events that occurred, I feel that he also has been let down by multiple systems that have failed all of us.
"Undoubtedly his life has also been ruined by these events and he will have to forever live with the knowledge that his actions killed 10 people. There are no winners in this situation."
Another survivor, Emma Healey, told the court she grieved for all those whose lives had been shattered by the crash.
She said Button must forever carry the burden knowing the cost of his actions, but it was not his alone.
"I would like to see improved regulation of the private bus industry and appropriate testing of drivers put in place so that drivers who are unfit or drug-addicted are identified and removed before harm is done," she said.
"This incident highlights, in my opinion, the gross inadequacies within the private bus industry that allowed someone with such clearly documented deficits to drive the bus that has forever impacted and tragically ended the lives of so many."
In a statement of facts tendered in court, Button had been boasting to his passengers and made chilling comments like "this next part's going to be fun", while ignoring his passengers' pleas to slow down and stop being "crazy".
He was travelling at more than 56 kilometres per hour in the moments before tragedy struck, while an expert found the coach would likely have tipped at 31 kilometres per hour.
Button had taken significantly more Tramadol than he was supposed to while driving a bus, to the extent that his driving was impaired, and hadn't told Linq Buslines about his use.
"You thought you knew better than the doctors about the risk you posed?" Ms Jeffreys asked in cross examination.
"Yes," Button replied in a whisper.
His defence barrister Paul Rosser, KC, asked Button if he accepted that he was going too fast.
"Yes," he said.
Husband and wife Andrew and Lynan Scott, Singleton doctor Rebecca Mullen, Angus Craig, Darcy Bulman, mother and daughter Nadene and Kyah McBride, Kane Symons, Zach Bray and AFL Roosterettes captain Tori Cowburn died in the crash.
Judge Ellis said in his judgement on Wednesday afternoon that Button had a duty of care to get all 35 wedding guests home unscathed.
"I am satisfied that his driving demonstrates that he abandoned his responsibility to ensure the safety of his passengers," he said.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; Kids Helpline 1800 551 800; beyondblue 1300 224 636.
