School bus drama
After the tragic bus accident in Buggenhout, in which the driver, the guide and two schoolchildren died, the question arises whether there was culpable negligence now that it appears that previous complaints about the driver’s reckless driving were ignored. Criminal law specialist Joachim Meese considers that chance to be extremely minimal.
Journalist at HLN
The tragedy has left deep wounds. The bus, operated by subcontractor ‘t Ros Beiaard on behalf of De Lijn, was transporting children from provincial education when the vehicle drove through a closed level crossing and collided with a train. Afterwards it turned out that several bus conductors had already raised the alarm about the driver. There were reports of mobile phone use behind the wheel, excessive speed and ignoring lowering barriers. Children were often so scared that they vomited. Because no structural intervention was ever taken, reportedly due to a driver shortage, the call for justice is great. The question arises whether ‘t Ros Beiaard, De Lijn or the province of East Flanders can be prosecuted for culpable negligence.
Nevertheless, Professor Meese (University of Antwerp) tempers legal expectations. “The classic example of culpable negligence is someone who is drowning and who you can save without endangering yourself, but you simply do nothing. In this case you may be aware that someone is driving carelessly, but that does not mean that such a dramatic event will occur. That is actually impossible to estimate.”
After all, the law requires concrete and immediate awareness of an emergency at the moment itself. “If you witness the accident at the level crossing and you continue driving even though you have clearly seen that a victim is in danger of dying there, then there is a case of culpable negligence. Everything is of course up to the judge to interpret, but I think that is far-fetched here,” Meese concludes. The investigation into the precise circumstances of the crash is currently continuing.