The Public Prosecutor’s Office (MP) archived the criminal case brought about the crash of a bus on Highway 1 (A1) with pilgrims from Guimarães heading to Fátima, concluding that the driver, who died, was the sole owner of the transport company.
The archiving order, released today by the Porto Canaland consulted by the Lusa agency, states that, with the death of the driver, considered by the investigation to be responsible for the accident, which also caused the death of two passengers and more than 30 injuries, criminal liability is extinguished.
According to the elements collected in the file, the MP concluded “that it was only António Gomes de Araújo who was responsible for the company Roda do Rei, Lda., with no indication that there was any other de facto manager”.
The fatal victims of the bus crash, which was traveling without insurance, were the driver and owner (63 years old), another man, aged 77, and a woman, aged 52.
At around 9:30 am on May 21, 2022, the bus, coming from Guimarães, with pilgrims from three parishes in that municipality, bound for the Sanctuary of Fátima, crashed in Mealhada, district of Aveiro, crossed the opposite lane and collided with an electricity pole, causing three deaths and 33 injuries, of which six were considered serious and five were in critical condition.
As for the accident, the investigation points to the driver’s responsibility, saying that the mishap did not involve the intervention of third parties.
“From the analysis of the records and the elements collected, we concluded that the road accident was due to the fact that the driver, who was also a fatal victim of the accident, drove the vehicle at a speed higher than that which would have been permitted and also because the tire burst left, the driver did not immobilize the vehicle, or, at least, did not slow down”, states the final report of the GNR investigation, which appears in the records.
The investigation states that the carcass of the tire that burst was “very aged and deteriorated, a circumstance that António Gomes de Araújo was aware of, as he was a partner and manager of the bus owner”.
The GNR’s final report says that the accident occurred “due to the driver, when overtaking, having set an excessive speed, considering the road, the age and condition of the tires, of which he was aware (giving him the duty to to ensure good operating and safety conditions)”.
“Which, at the speed to which they were subjected, would have increased the heating, bursting and detachment of the screen, not having immobilized the vehicle in the space available for this purpose, having crossed the central divider and, losing the vehicle, crashing into the pole ”, highlights the investigation.
The MP concluded that there was no “intervention by third parties in the causal production of the accident”, other than the driver, who, according to the investigation, did not adapt the speed at which the vehicle was driving to the road on which it was traveling.
“Having driven moments before the accident at a speed of 122km/h, given the age of the vehicle and its condition, in particular having driven the vehicle with the tires in the condition described, a circumstance of which he was aware, he lost the vehicle he was driving, failing to immobilize the vehicle in the free and visible space in front of it, imposing an objective duty of care on it”, highlights the MP.
Compensation to the families of fatal victims and the payment of hospital expenses are the responsibility of the Automobile Guarantee Fund (FGA).
“The Automobile Guarantee Fund is liable for material and/or bodily damages when the person responsible does not benefit from mandatory automobile civil liability insurance. Under the conditions set out in the Law, the Automobile Guarantee Fund can also be called upon to compensate injured people, even if the person responsible is unknown”, the Insurance and Pension Funds Supervision Authority (ASF) previously explained to Lusa.
