Bus and bike ‘both had green lights’ at Brisbane intersection before cyclist died

A young cyclist who died after he was hit by a council bus at a busy inner-Brisbane intersection had been travelling on a green light at the same time the bus was given a green light,a court has heard.

Max McDowall,20,died after the crash on the corner of Gillingham and O’Keefe streets in Woolloongabba in May 2021,near Buranda train station.

The Brisbane City Council bus driver,Andrew Rudnicki,a Carina man aged in his 60s,was originally charged but that has since been dropped.

A report was later given to Coroner Christine Clements,who determined there would be no inquest. But State Coroner Terry Ryan overruled this,following a push from McDowall’s family.

The intersection connects to the South East Busway,which runs along the Pacific Motorway.

Passengers reported they were traumatised by the incident,with one later saying he cried in hisgirlfriend’s arms when he got home.

During an inquest set down for April next year,Coroner Donald MacKenzie is set to examine the ability for Rudnicki to see McDowall,what steps he took to keep a lookout for cyclists,and the appropriateness of the traffic light sequence at the intersection.

MacKenzie will also assess whether further recommendations might need to be made to improve safety at the intersection.

During a pre-inquest hearing in Brisbane on Friday,counsel assisting Emily Cooper told the Coroners Court that McDowall and Rudnicki both had a green signal when they approached the intersection.

She said the bus driver,who had given way to other pedestrians from across the road,was in a give-way position when the bus entered the intersection before moving to turn left onto the busway.

Cooper said it seemed McDowall was travelling along the bicycle and pedestrian footpath towards the direction of the traffic lights,when the bus,which was slightly ahead of him,indicated to turn left.

“Both directions received green signals at the same time,” Cooper said.

After the crash,Cooper said Rudnicki gave a version of events to police,and it seemed he “did not see Max at any stage”.

She told the court a police report by Sergeant Carl Cutler into the crash found although McDowall had right of way in the intersection,he failed to determine the bus was ahead and was indicating to turn.

She said police said McDowall was in the best position to see and take evasive action. However,an inquest would examine whether McDowall was in a blind spot and what steps Rudnicki took before the crash.

“Sergeant Cutler was of the view that Rudnicki had a mistaken belief that the crossing was clear for him to finish his turning manoeuvre and was in a give way position for cyclists crossing from his left,” she said.

Cooper said the intersection was “very different” to what it was at the time of the crash,and a dedicated left turn bus lane now existed on O’Keefe Street,along with an additional left turn signal for buses.

She said information from the council last year showed work would be undertaken at the intersection as part of the Brisbane Metro project.

McDowall’s family,who were present during the court proceedings,had said Max rode his bike because he had dreams to protect the environment.

MacDonald said in his role as coroner he would not be apportioning blame,but making potential safety recommendations.

“Unfortunately,this tragic fatality was the subject of a discontinued prosecution. If there is a misguided assumption by some in this room that I can act as some sort of Court of Appeal and effectively reinstate those convictions,that is not my role,” he said.

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