Two passengers aboard the bus that crashed in Pembroke last month, killing five people, filed a lawsuit against both the driver and the tour bus company.
In a lawsuit filed in Queens County on Sept. 12, Mohammed Rahman and Zakir Hossain are claiming M&Y Tour, Inc. was negligent in the hiring, training, supervision and retention of driver Bin Shao and that they sustained “severe and permanent injuries” as a result of the incident.
Here’s what to know.
What happened?
Just after 12:20 p.m. on Interstate 90 in Pembroke, Genesee County, an eastbound 61-passenger 2005 Van Hool motorcoach traveled onto the right shoulder, then across both eastbound lanes and into the grassy median before reentering the eastbound travel lanes, according to a preliminary report released by the National Transportation Safety Board on Sept. 16.
The bus “yawed counterclockwise and rolled onto its right side” before it came to rest with its front end on the shoulder and edge of the eastbound roadway, about a quarter mile east of mile marker 404, according to the report.
The tour bus, operated by M&Y Tour, Inc. out of Staten Island, was traveling from New York City to Niagara Falls when it overturned.
New York State Police last month said it was believed that the driver became distracted, lost control of the bus and overcorrected, exited the roadway, in which the bus overturned.
Troopers said last month that mechanical failure and operator impairment or intoxication were ruled out and no charges were filed.
How many people were on the bus at the time of the crash?
According to the NTSB report, 54 people — including the driver — were on board. The driver and 48 passengers suffered injuries that ranged from minor to serious.
Five people were killed in the crash, according to New York State Police. They are:
Bus company in NY Thruway crash got safety rating in 2024: How did it score?
As of August, the company behind the wheel of an Aug. 22 tour bus crash on the Thruway failed one-fifth of all safety vehicle inspections in the last two years, but passed all but one of its driver inspections, according to federal records.
The bus company, M&Y Tour Inc. received a “satisfactory” safety rating from the Federal Motor Carrier Safety Administration in September 2024. The rating is the highest a commercial motor vehicle company can receive and indicates “no evidence of substantial non-compliance with safety requirements.”
The company did not report any bus crashes in the last two years, according to the report.
Federal safety inspection reports show M&Y Tour Inc. operates nine charter buses and employs 20 drivers.
Contributing: USA TODAY Network reporter Victoria Freile
Emily Barnes reports on consumer-related issues for the USA TODAY Network’s New York Connect Team, focusing on scam and recall-related topics. Follow her on X and Instagram @byemilybarnes. Get in touch at ebarnes@gannett.com.
This article originally appeared on Rochester Democrat and Chronicle: Lawsuit filed after deadly NY tour bus crash that killed 5
Reporting by Emily Barnes, New York Connect Team / Rochester Democrat and Chronicle
USA TODAY Network via Reuters Connect
