The families of two passengers killed in this month's tour bus crash in the desert east of Los Angeles have filed the first lawsuit in connection with the wreck that left 13 people dead.
The Los Angeles Superior Court lawsuit was filed Thursday by relatives of Gustavo Garcia and Tony Mai, alleging negligence and wrongful death. The suit names as defendants USA Holiday and the estate of Teodulo Elias Vides -- the bus driver and company owner who also died in the 10 Freeway crash near Palm Springs.
The lawsuit was filed on behalf of Garcia's four surviving children, and Mai's daughter, Diana.
A representative for USA Holiday could not be immediately reached for comment.
The bus had taken gamblers on a trip to the Red Earth Casino and was being driven back to the Los Angeles area. Crash investigators said there were no indications that the driver applied the brakes before the bus slammed into the back of a big rig Sunday that had slowed because of utility work on the freeway.
California Highway Patrol officials said it was unclear how fast the bus was traveling when it rear-ended the refrigerated truck trailer that was carrying food. Authorities said the force of the collision indicated the bus was traveling at a far higher speed than the truck, which the CHP said was traveling at about 5 mph, according to the truck driver.
The posted speed limit is 70 mph.
The bus had been inspected as late as last April and had shown no defects, CHP Border Division Chief Jim Abele said.
The National Transportation Safety Board is investigating the crash, and announced Tuesday that some tires on the bus were overly worn, putting the vehicle out of compliance with federal regulations. An exact cause of the crash has not yet been determined, and the NTSB's report is not expected to be completed for several months.
NBC4's Jonathan Lloyd contributed to this report.
