The Road Ahead After the I-90 Bus Crash: Why a Robust Investigation Is Critical

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 -by Michael J. Epstein, The Epstein Law Firm, P.A.

 

Friday’s devastating bus crash on the New York Thruway, I-90, shook communities across the Northeast. The accident involved 52 passengers, including several from New Jersey. Early reports indicate that most passengers were not wearing seatbelts at the time of the crash, a fact that raises immediate and troubling questions: Is it legal for passengers not to wear seatbelts on tour buses? Whose responsibility is it to ensure they do? And most importantly—what must happen now to make sure something like this does not happen again?

When tragedies like this occur, emotions understandably run high. But the legal system demands more than grief—it demands answers. Those answers come only from a thorough, transparent investigation.

The First Step: Preserving Evidence

Following a catastrophic crash like this, one of the most important steps is to secure all relevant evidence. The National Transportation Safety Board (NTSB), New York State Police, and local agencies will each play a role. Investigators will examine the bus itself, including its mechanical condition (brakes, tires, steering, safety equipment), the driver’s logs and health records, and even electronic control modules—the “black box” of commercial vehicles that records speed, braking, and steering inputs in the moments before the crash.

Equally important is witness testimony. Every passenger, first responder, and bystander can provide crucial details about what happened and how the crash unfolded. Video from traffic cameras, dashcams, or even passengers’ phones could shed light on events leading up to the accident. Without careful preservation, however, evidence can be lost. That’s why attorneys for the victims often act quickly to send what’s known as a “spoliation letter”—a formal notice requiring the bus company to preserve all relevant evidence.

The Seatbelt Question

The BBC reported that most passengers were not wearing seatbelts. This fact has sparked outrage—but it also reveals a gray area in the law. Unlike private vehicles, where seatbelt use is generally mandatory, the rules for buses are inconsistent.

Federal regulations have required new motorcoaches to be manufactured with seatbelts since 2016. However, the law does not universally require passengers to wear them. Instead, states set their own rules. In New York, for example, motorcoaches must be equipped with belts, but passengers are not strictly required to buckle up. In New Jersey, by contrast, all passengers must wear seatbelts if they are provided.

This patchwork creates dangerous ambiguity. Even when belts are available, bus companies often fail to adequately instruct or enforce their use. Some companies post warnings or include language in ticketing agreements, but in practice, compliance is inconsistent at best.

So, who bears responsibility? Legally, several parties may share it:

• The bus operator must provide a reasonably safe environment, which includes making seatbelts accessible and encouraging their use.
• The bus company may be liable if it failed to train drivers or enforce seatbelt policies.
• Regulators may be criticized for inconsistent rules that leave passengers vulnerable.

In other words, while passengers can make individual choices, the ultimate duty of care lies with those profiting from transporting people safely.

Beyond Seatbelts: Systemic Safety Concerns

Seatbelt compliance is only one part of the story. A robust investigation must also look at:

• Driver fatigue and health – Was the driver properly rested and medically fit to operate the bus?
• Company safety culture – Did the company cut corners on training, maintenance, or scheduling?
• Bus design and crashworthiness – Even with seatbelts, were passengers adequately protected from rollovers or side impacts?
• Regulatory oversight – Were inspections thorough, and were prior violations overlooked?

The investigation’s findings will determine not just liability for this crash but also broader lessons for an industry that transports millions of Americans every year.

The Legal Path for Victims and Families

For the injured and for families mourning loved ones, legal action is not about blame—it’s about accountability and change. Civil lawsuits may focus on negligence by the bus driver, the tour operator, or even third parties responsible for road maintenance or vehicle components. Claims often include not just immediate medical bills and lost wages, but also long-term care, emotional suffering, and in wrongful death cases, the devastating loss of companionship and financial support.

These cases are complex. They require accident reconstruction experts, transportation safety specialists, and medical professionals to paint a full picture of what happened and why. Only with that full picture can courts, insurers, and the public hold the right parties responsible.

What Needs to Change

This crash—and others like it—underscore an urgent need for reform. Policymakers and companies alike should confront the following:

1. Uniform seatbelt laws – A consistent, nationwide rule requiring passengers to wear seatbelts would save lives and remove ambiguity.
   
2. Better passenger education – Tour operators should treat seatbelt instructions the way airlines treat safety briefings: not optional.
   
3. Stronger company accountability – Regulators must ensure that companies with poor safety records cannot continue to operate unchecked.
   
4. Investment in safer bus design – Belts are critical, but so are rollover protection, shatter-resistant windows, and stronger roof structures.

Safety on America’s highways should not depend on what state a bus is passing through or how seriously a company takes its obligations.

Moving Forward

For the families affected by Friday’s crash, life will never be the same. As lawyers, investigators, and policymakers work through the aftermath, one truth must remain front and center: passengers entrusted their safety to a bus company, and that trust demands accountability.

At The Epstein Law Firm, P.A., we will continue to advocate for victims of catastrophic accidents, not just to help families rebuild, but to push for systemic changes that make our roads and vehicles safer for everyone.

The road ahead is long—but it must lead toward accountability, reform, and justice.

Michael J. Epstein, a Harvard Law School graduate, is a trial lawyer and managing partner of The Epstein Law Firm, P.A., a law firm based in New Jersey.