A tragic bus crash in upstate New York has left five people dead and dozens injured after a tour bus returning from Niagara Falls overturned on Interstate 90 near Buffalo. The incident has raised questions about bus safety, distracted driving, and the legal rights of victims and families affected by such devastating accidents.
When negligence contributes to a bus crash, survivors and grieving families may have the right to pursue compensation through personal injury or wrongful death claims. Below, the bus accident attorneys at Kherkher Garcia provide information for families who may need legal guidance following an accident.
Summary of New York Tour Bus Crash
On Friday, August 22, 2025, a tour bus traveling eastbound on I-90 in Pembroke lost control, veered into the median, over-corrected, and ultimately rolled down an embankment. The bus overturned, ejecting some passengers and trapping others inside. Five adults were pronounced dead at the scene, while nearly all other passengers suffered injuries ranging from minor abrasions to serious trauma.
The bus operator, a 55-year-old man, showed no signs of impairment, and state police confirmed there was no mechanical failure. Investigators believe the crash may have been caused by driver distraction and subsequent over-correction. The National Transportation Safety Board (NTSB) has dispatched a team to investigate the incident further.
Understanding Bus Crashes
Bus crashes are less common than other motor vehicle accidents, but when they do occur, they often result in multiple injuries and fatalities. The sheer size and weight of buses mean passengers, as well as other motorists, are at high risk when an accident happens. Survivors often face long recovery periods, massive medical expenses, and emotional trauma.
Common Causes of Bus Crashes
While every case is unique, several common factors often play a role in bus accidents:
- Distracted driving – As in the New York crash, driver distraction can lead to collisions or loss of control.
- Driver fatigue – Long hours behind the wheel increase the risk of mistakes.
- Speeding and reckless driving – Operating a large vehicle at unsafe speeds reduces reaction time.
- Poor training or negligence – Inadequate driver training or failure to follow safety protocols can contribute to accidents.
- Mechanical failure – While not suspected in this case, improper maintenance can cause tire blowouts, brake failures, or steering issues.
Bus Driver Negligence and Distracted Driving
When a bus driver becomes distracted, even for a moment, the results can be catastrophic. Unlike smaller vehicles, buses require significant time and distance to slow down or maneuver safely. If investigators determine that distraction or inattention caused this crash, victims and families may have grounds for legal claims against the bus operator or the company employing them.
What Victims and Families Can Do
Victims of bus crashes and families who lose loved ones should consider taking the following steps:
- Seek immediate medical care – Even minor injuries can worsen over time.
- Document injuries and losses – Keep records of medical treatment, lost wages, and other damages.
- Consult an attorney – A lawyer experienced in bus accident claims can investigate negligence, gather evidence, and handle communication with insurers and bus companies.
How Criminal Charges Affect Civil Claims
Although no charges have been filed at this time, criminal proceedings and civil lawsuits are separate. Even if the bus driver is not charged with a crime, victims and families may still pursue civil claims for compensation. Civil liability focuses on negligence and responsibility for damages, not criminal guilt.
Personal Injury Claims After a Bus Crash
Injured survivors may file personal injury claims to recover compensation for:
- Medical bills and rehabilitation costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Future care needs
An attorney can help ensure victims receive fair compensation and are not pressured into quick, inadequate settlements.
Wrongful Death Claims After a Fatal Bus Crash
For families who have lost loved ones, wrongful death claims may provide compensation for:
- Funeral and burial expenses
- Loss of companionship and support
- Lost income the deceased would have contributed
- Emotional suffering of surviving family members
While no amount of money can replace a loved one, pursuing a wrongful death claim can hold negligent parties accountable and provide financial stability during a devastating time.
Frequently Asked Questions
Who can be held liable in a bus crash?
Liability may extend to the bus driver, the bus company, maintenance providers, or even third parties if another driver contributed to the crash.
What if the bus company denies responsibility?
An attorney can investigate independently, gathering witness statements, black box data, maintenance records, and driver logs to establish liability.
Do victims have to wait for the NTSB investigation to finish?
No. While official investigations can provide useful evidence, victims can begin pursuing legal action immediately.
How long do I have to file a claim?
Each state has a statute of limitations. In New York, for example, personal injury and wrongful death claims generally must be filed within two years, though timeframes may vary depending on the circumstances.
Get Help from Experienced Bus Crash Attorneys
At Kherkher Garcia, we understand the immense pain and hardship caused by devastating accidents like the recent New York tour bus crash. Our experienced personal injury and wrongful death attorneys have successfully represented victims of negligence, holding bus operators and companies accountable for the harm they cause.
If you or a loved one were injured in a bus crash, or if you lost a family member due to driver negligence, we are here to fight for justice on your behalf. Contact Kherkher Garcia today for a free consultation and learn how we can help you pursue the compensation you deserve.
Get started now by calling us at 713-333-1030. You can also request more information by completing our online contact form.
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