Two survivors of a tragic bus accident in remote Australia, which resulted in one fatality and multiple injuries, are taking legal action against the tour operator, Emu Run Experience, and its director, Patrick Bedford. The incident occurred in June 2022, west of Alice Springs in the Northern Territory.
Joshua Clements and his fiancée Elysse Lloyd have initiated a lawsuit in the Federal Court seeking justice and compensation for the impact the crash has had on their lives. Clements shared with AAP that the incident has drastically altered their lives, stating, “there is nothing that can bring back what we have lost.” Despite the emotional toll, they are hopeful for a fair resolution in court.
While acknowledging that no financial compensation can reverse the trauma and lifelong injuries sustained, Clements is confident in their legal rights under New South Wales (NSW) law, which he believes entitles them to greater compensation than what is available under the Northern Territory’s existing motor accident compensation framework. This no-fault law offers benefits to all road users regardless of who is at fault but does not address the severity of their situation sufficiently, according to Clements. He has started a public petition advocating for a reform of this system.
The civil suit was filed in the NSW registry of the Federal Court, far removed from the crash site. Clements has undergone significant medical interventions, including extensive spinal surgeries, with plans for further operations ahead.
The defendants, Emu Run Experience and Bedford, have not yet commented on the lawsuit. They are facing four criminal charges of breaching health and safety regulations, with ongoing prosecution from NT WorkSafe related to this incident. A court date is set for August 11 to address these charges.
This case forms part of a broader trend of legal actions following serious bus accidents in Australia. Notably, a bus driver was earlier sentenced to 32 years for a crash that resulted in ten deaths and numerous injuries in the NSW Hunter Valley in 2023, showcasing the severe repercussions of such incidents in the country.