TACOMA, Wash., Jan. 7, 2013 /PRNewswire/ -- Attorney Charles Herrmann of the Herrmann Scholbe Law Firm filed the lawsuit in Tacoma, Washington on behalf of two Korean exchange students Chae, Jong-Hyun and An, Seong-Jun, victims of the recent Oregon bus crash disaster. The complaint alleges driver fatigue, failure to heed warnings, and speed too fast for conditions against the defendant tour bus owner Mi Joo Tour & Travel Ltd., home based in Vancouver, B.C., Canada. Trial is set for January 6, 2014, under Pierce County cause # 13-2-05025-6.
The complaint alleges the driver of the tour bus, also doubling as a tour guide, worked 90-100 hours without relief over the first 8 days of a tour package, violating Federal regulations governing the maximum allowable time on-duty and driving. On the two days immediately preceding the accident, the driver worked over 27.5 hours while driving over 1,200 miles and conducting a tour of the Grand Canyon. "It is inescapable, anyone would be extremely fatigued after working at that pace before the accident," the attorney commented.
The scene of the accident is well known as a severely treacherous stretch of I-84. So much so the complaint alleges: "The Oregon Department of Transportation had issued an express warning to drivers to respect the hill in which it urged drivers to exercise extreme caution. It further warned that between October and April it was common to confront fog, snow, and black ice upon the roadway. The Oregon DOT notice also advised that posted speeds are maximums in good weather. Bad weather demands lower speeds ... the tour bus passed 3 reader board signs warning of dangerous conditions ahead posted on I-84."