A FATHER and his three children waiting for the school bus witnessed the moment a cattle truck crashed into a ute, killing the driver, a trial in Ipswich District Court heard yesterday.
Marc William Vietheer is charged over the death of Neil Morton following a crash between his B-Double truck and Mr Morton's Toyota Hilux on the Brisbane Valley Hwy at Harlin in August 2015.
Mr Vietheer has pleaded not guilty to one count of dangerous operation of a motor vehicle causing death.
Crown prosecutor Clare Kelly told the court Mr Vietheer was driving the prime mover coupled with two empty semi-trailers behind a school bus and drove over the centre line as the bus stopped to collect the children.
She said the three children were waiting on the driveway with their father for the bus to arrive when the collision happened.
Ms Kelly said the school bus routinely stopped at the address to collect the children and the bus braked and indicated 300m before pulling to the side of the highway.
The court heard the bus was travelling between the depot at Toogoolawah and Harlin State School.
"(The father) saw the truck pretty close behind the bus and it caught up and he saw it move to pass the bus, he heard braking and a big bang," she said.
"He saw the body lying on the ground and felt for a pulse and couldn't find one.
"He told the driver 'the man had gone'.
"Mr Morton tragically died as a result of a collision with a truck and trailer combination."
She said the Crown alleged Mr Vietheer drove dangerously and the collision caused Mr Morton's death.
The court heard a second truck driver put a blanket over Mr Morton's body.
Ms Kelly said a review of the bus after the crash revealed the left hand indicator brake and park light was dull.
"The defendant said the bus stopped in the middle of the road and he wasn't going to stop without hitting the bus or the children," Ms Kelly said.
"He had to go left or right and made the decision to go right as the children were to the left."
The court heard Mr Vietheer did not see the ute until he was in the right lane.
Crown witness Officer in Charge of Ipswich Forensic Crash Unit Sergeant Darryl Morrison told the court he saw a B-Double truck facing north in the south-bound lane and "there was a deceased male beside the four wheel drive" when he arrived on scene.
"The tray had been torn from the vehicle and it was adjacent to the vehicle," he said.
"It appeared to be set up for a camping trip with a fridge and gas bottles."
The trial continues.
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