2 survivors of I-90 tour bus crash suing company

BUFFALO, N.Y. (WIVB) — Two survivors of the I-90 tour bus crash in Genesee County last month are suing the tour bus company, M&Y Tour, Inc., accusing them of negligence that caused the crash.

The suit, filed in Queens County State Supreme Court in New York City by passengers Mohammed Rahman and Zakir Hossain, accuses the company and the driver, identified in the suit as Bin Shao, of the bus being “owned, operated, controlled and maintained” in a “negligent manner” that caused the crash.

While returning to New York City from Niagara Falls on Aug. 22, the bus lost control, went into the median on I-90 near Pembroke and overturned into a ditch. Five people were killed and more than four dozen were injured.

In total, 54 people were on the bus. Most passengers were not wearing seat belts, which resulted in many ejections. State police said on the day of the crash that every person on the bus sustained some type of injury.

Police said they believe that the driver got distracted, which resulted in the crash. Operative impairment was quickly ruled out.

The suit claims that the bus was speeding at the time of the crash, did not have efficient brakes and steering mechanisms, and the company “negligently, recklessly and carelessly [operated] their vehicles in an inept incompetent, inexperienced, unfit, unskilled manner.”

The suit says both passengers suffered “serious and permanent physical injuries” as well as economic loss. The plaintiffs are seeking to recover financial damages not recoverable through no-fault insurance.

The suit includes a clause that if the tour company does not respond to the suit, the court can enter a default judgement in favor of the two passengers.

New York State Police have not filed any charges. They said in an update Monday that they will “hopefully bring this case to resolve in the next month or two.”