Charges over freak fatal motorway accident

The truck missing two wheels on the Southern Motorway at Otahuhu. Photo / NZPA

A freak road accident where a truck wheel came loose and killed a passenger in a bus on Auckland's southern motorway earlier this year is heading to court.

Vietnamese man Lam Xuan Hu, 24, died after he was hit by the 80kg truck wheel when it slammed through the front window of a bus in a freak accident in January.

He was sitting in the front seat of the bus to avoid motion sickness. The bus was travelling north when the wheel came off the southbound truck, bounced over the motorway median barrier and into the window of the bus and struck him in the head.

He died the next day when his life support system was turned off at Middlemore Hospital.

Police said they would not be prosecuting the driver or operator of the truck and the case had been referred to the Department of Labour. It is understood police initially considered a manslaughter charge but decided against that after legal advice.

The department confirmed two charges would be laid and the first appearance was scheduled for Pukekohe District Court next month.

The truck was operated by Toll Tranzlink sub-contractor but the department refused to say today if the company or individuals would be prosecuted and what charges would be laid under the Health and Safety in Employment Act.

Sergeant Stu Kearns, of Auckland Serious Crash Unit, said police has fully investigated the crash in a "complex and robust investigation".

"The circumstances of the crash have been carefully considered and we have referred the case to the Department of Labour."

Mr Kearns said the accident would also be referred to the coroner.

- NZPA