PEMBROKE, N.Y. (WKBW) — Two passengers from the deadly tour bus crash on I-90 Pembroke in August have filed a lawsuit against the driver and the tour bus company.
The crash occurred around 12:20 p.m. on August 22. The NTSB said the bus, owned by M&Y Tour Inc. out of Staten Island, was chartered from New York City and was returning from Niagara Falls. In its preliminary report, the NTSB said the bus left the travel lanes onto the right shoulder, continued left across both travel lanes, entered the median, reentered the travel lanes, turned counterclockwise, rolled onto its right side, and came to rest with its front end on the shoulder and edge of the road.
MORE: Read the full preliminary report here
There were a total of 54 people on the bus, one driver and 53 passengers. Five passengers were killed and the driver and 48 passengers sustained injuries ranging from minor to serious.
Mohammed Rahman and Zakir Hossain were both passengers on the bus and the lawsuit is against the driver and the tour bus company. According to the lawsuit, the tour bus company is accused of being negligent in hiring, supervising, training and retaining the driver, resulting in severe and permanent injuries for both Rahman and Hossain.
WATCH: Survivors of deadly tour bus crash on I-90 in Pembroke file lawsuit against driver and tour company
According to the lawsuit, if the defendants do not respond by the specific dates listed in the document, the court can enter a default judgment in favor of the plaintiffs.
WATCH: NTSB releases preliminary report on deadly tour bus crash on I-90 in Pembroke
Another passenger on the bus told 7 News reporter Derek Heid that he saw the driver take his eyes off the road moments before the bus overturned. Shoaib, who was traveling with his wife and three children from New Jersey, said he watched from his seat at the front of the bus as the driver turned around to reach for a loose water bottle before losing control.
“There was a small water bottle far behind him on the floor of the bus rolling. And he wanted to grab it from his driving position, not slowing down or anything,” he said. “He was trying to grab it where his head is not on the windshield anymore, looking back to the water bottle. That’s when he lost control and trying to overcorrect."
Shoaib spoke with 7 News on August 29 outside Oishei Children's Hospital, where his six-year-old daughter Elsa was undergoing surgery.
WATCH: Passenger: Driver was reaching for water bottle on floor moments before deadly tour bus crash in Pembroke
New York State Police said they are not ruling out the possibility that a loose water bottle may have caused the crash.
The crash is still under investigation.
The entire lawsuit can be viewed below:
