A bus driver was on a "come down from cocaine" when he crashed and paralysed a British tourist in Malta, according to the victims lawyers.
High Court action today was launched today after teacher Rob Butt, 48, suffered life-changing injuries when the open-top bus he was riding on crashed into low-lying tree branches in 2018.
Rob was on holiday with his family in Malta when the horrific smash took place - which killed two people - with Rob’s wife Kathy, and their three children, of Glastonbury, injured as a result of the crash.
29 others were also injured in the devastating incident and has left Rob, a former teacher and Head of the History department at Downside School in Radstock prior to the incident, tetraplegic and wheelchair-dependent.
His lawyers issued legal proceedings today in the London High Court against the bus driver, the bus company, City Sightseeing Malta Ltd, and its insurers.
They argue that it's been established, through a Magisterial Inquiry in Malta, that the bus driver had used cocaine prior to the crash.
The lawyers also believe the inquiry has found he may have been experiencing comedown effects at the time of the collision.
Lawyers at Irwin Mitchell report it was the bus driver’s first day working with City Sightseeing since the previous year, and he had not been provided with any training at the beginning.
They believe breaches of duty of care led to the incident, including the driver’s failure to keep a proper lookout, driving too fast and driving too close to the edge of the road.
A hearing has now taken place at the High Court in London, which has listed the matter for trial in 2023.
It will determine how much insurance cover is available to pay the damages of all of those who sustained injuries as a result of the collision
Jennifer Lund, of Irwin Mitchell, said: “It has been more than four years since the lives of Rob and his family were completely turned upside down.
''They’re still understandably struggling to come to terms with Rob’s injuries, what they’ve all been through and what the future holds.
“The crash has had a huge impact on them, particularly Rob, who is now dependent on a wheelchair and relies heavily upon carers to look after him.
''Rob’s 75-year-old mum moved house and runs a lot of the day-to-day organisation as, with carers changing regularly and Kathy having to work long hours to support the family, continuity is needed.
''She also co-parents, effectively having come out of retirement to take over Rob’s role as parent.
''The children, the youngest of which was nine at the time of the accident, have had to deal with a huge amount of trauma.
“The family, and everyone else affected by this devastating accident, has spent the last few years waiting for clarity about what happened on that fateful day.
"And whether the defendants have enough funds to pay damages - we’re pleased that they’re now one step closer to obtaining these answers.
“Nothing will change what the victims have been through, but we will continue supporting Rob and his family throughout this process so he can access the specialist support and therapies he requires to live as independently as possible.”
Tragically, he and Kathy, also a teacher, were looking forward to starting new teaching jobs abroad before the accident.
Kathy said: “Just over four years ago, our world turned upside down and since then we have kept going, trying to navigate our way through what has been the worst experience of our lives.
“It’s been particularly difficult to see Rob go from being fit and healthy and an active dad to requiring care 24 hours a day and unable to hug his children or do very much for them.
''He has, however, been incredible, a real inspiration to us and to our local community, and tries to remain positive through everything.
“We know we’ll face many challenges as a family as a result of Rob’s health issues, which will worsen as time goes on, but we’re all so grateful he’s still here.
“It’s also been tough not getting the answers from those who were responsible for the crash about what could have been done to prevent it.
"And whether they can even pay our damages so that Rob can have as normal a life as possible, so we’re pleased that progress is now being made on that front.
“Of course, nothing will change what we’ve been through, but we feel we deserve answers, as do all the families affected. We wouldn’t want others to suffer like as we have.”
