Defence at Konginkangas bus disaster trial blames crash on icy road and faulty road geometry

Prosecution says truck driver was negligent

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Äänekoski Disrict Court heard several different versions of events which led to Finland’s worst traffic accident in the early hours of March 19th, 2004, in Konginkangas in Äänekoski. In the collision, 23 people were killed and 15 were injured when a large lorry carrying rolls of paper, crashed into a chartered bus coming in the other direction.
      The court must decide if the driver of the lorry, the Transpoint, the transport company that he was working for, and the managing director of the company are guilty of the charges read out by the prosecution.
     
The prosecution blames the accident on the driver’s carelessness. According to the charges, he should have adjusted his speed to compensate for weather conditions, and have been prepared for occasional icy spots on the highway.
      Transpoint is accused of having an excessively tight delivery schedule, putting pressure on the driver to use excessive speed, and to skip rest breaks, thereby increasing the risk of an accident.
      The transport company was also seen to have neglected its responsibility in planning working conditions, recognising dangers and hazards, and fixing shortcomings.
     
The defence denied all charges.
      The driver’s lawyer claims that his client had driven at the right speed. He denied the prosecution’s assertion that he had been going at 94 kilometres an hour, in an area with a speed limit of 80 kmph.
      The defence emphasised that the vehicle’s running recorder does not give a record that is accurate enough to be valid as evidence.
      The defence maintains that the accident was not caused by negligence on the part of the driver, but rather the unexpectedly slippery road conditions that prevailed locally, as well as faulty road geometry: the lane the bus was on was found to slope sideways. These factors, as well as grooves that had been worn into the highway caused the lorry’s trailer to swerve onto the oncoming lane.
      Transpoint and its former managing director maintained that the schedules were not too tight. The company’s drivers are allowed to choose their driving style and their rest times. The company says that it has assessed traffic risks, and that it observes legislation on occupational safety.
      Most of the 97 interested parties were not present at the session. Those who were had demands for combined damages worth about EUR 900,000. Insurance compensation has reached EUR 700,000 so far, and the total sum is expected to be EUR 1.5 million.


Previously in HS International Edition:
  Excessive speed and driver error seen as causes of collision killing 23 last year (18.11.2005)
  Bus disaster focuses attention on road safety issues; buses still popular (24.3.2004)
  Konginkangas truck-driver to face charges of causing 23 deaths (8.12.2005)

Helsingin Sanomat