Transport Malta and the bus operator involved in the fatal collision between an open-top bus and a tree’s low-hanging branches in Żurrieq last year have been sued by the heirs of one of the victims.

A judicial protest has been filed against TM and City Sightseeing Malta Ltd. requesting them to liquidate damages and pay compensation for the death of Elisaveta Danielova Avdala, who was 37 at the time.

Two people died, while six other tourists, including children, were critically injured in the horrific incident in Żurrieq that shocked the nation last April.

Lawyers Lorna Mifsud Cachia and Nicole Sultana have argued that a lack of safe infrastructure meant that TM was culpable in the incident after failing to honour obligations imposed by law and its own guidelines.

“There was no justification for the fact that today, we have a situation where trees are practically part of the roads”

They also believe that the operator is at fault, given that the driver was driving recklessly and negligently by failing to keep an adequate distance away from the pavement as according to procedure.

The judicial protest reads that “there was no justification for the fact that today we have a situation where trees are practically part of the roads”.

“This is an alarming reality when one considers that there are no safety barriers or signs to inform drivers of what they will be meeting on the road,” the protest continued. “It is understandable that the removal of trees from the road is not a solution to this, but it would be a very disappointing situation if one goes to the other extreme and takes no action at all.”

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Julian Bonnici

Julian is the former editor of Lovin Malta and has a particular interest in politics, the environment, social issues, and human interest stories.