VANCOUVER - Two British Columbia passengers who survived a bus crash that killed nine others on an Oregon highway have filed a lawsuit against the tour bus company and the driver.

June Won Kim and his wife Hee Eun Kim say in legal action that the bus was mechanically defective and the tires were inadequate for the road conditions on Dec. 30, when the bus crashed through a guardrail on Interstate-84 and tumbled down a snowy embankment near Pendleton, Ore.

The couple's B.C. Supreme Court lawsuit claims Mi Joo Tour and Travel failed to equip the bus with adequate headlights, windshield wipers and warning devices to ensure it could be safely operated on the journey from Las Vegas to Vancouver.

The Kims also allege the driver, Haeng-Kyu Hwang of Surrey, was too tired, speeding, failed to obey road signs and operated a vehicle contrary to restrictions on his driver's licence.

The couple say they both suffered a brain injury, collapsed lung and back and neck injuries resulting in permanent disability.

Their lawsuit follows another by two Korean exchange students in Tacoma, Wash., who say they witnessed a nightmarish scene aboard the bus as they lay among dead passengers.

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  • A piece of heavy equipment strains to move a bus which plummeted 200 feet down an embankment in rural Eastern Oregon Sunday, <a href="http://www.huffingtonpost.ca/2013/01/01/oregon-bus-crash_n_2392360.html">killing nine and sending multiple to hospitals</a>.

  • Workmen move the bus which plummeted 200 feet down an embankment in rural Eastern Oregon Sunday, <a href="http://www.huffingtonpost.ca/2013/01/01/oregon-bus-crash_n_2392360.html">killing nine and sending multiple to hospitals</a>.

  • Emergency personnel respond to the scene of a multiple-fatality accident after a tour bus careened through a guardrail along an icy highway and fell several hundred feet down a steep embankment.

  • Jaemin Seo, 23, a Korean student from Vancouver, B.C., speaks about waking up to people screaming and then being thrown from a <a href="http://www.huffingtonpost.ca/2013/01/01/oregon-bus-crash_n_2392360.html">bus that crashed</a> in rural Eastern Oregon, Sunday.

  • A guardrail where a bus overran and plummeted 200 feet down an embankment in rural Eastern Oregon Sunday, <a href="http://www.huffingtonpost.ca/2013/01/01/oregon-bus-crash_n_2392360.html">killing nine and sending multiple to hospitals</a>.

  • Emergency personnel respond to the scene of a multiple fatality accident where a <a href="http://www.huffingtonpost.ca/2013/01/01/oregon-bus-crash_n_2392360.html">tour bus careened through a guardrail</a> along an icy Oregon highway and several hundred feet down a steep embankment.

  • Emergency personnel respond to the scene of a multiple-fatality accident where a <a href="http://www.huffingtonpost.ca/2013/01/01/oregon-bus-crash_n_2392360.html">tour bus careened through a guardrail</a> along an icy highway and several hundred feet down a steep embankment.

  • Emergency crews respond to the scene of a tour bus crash along an icy Oregon highway that killed nine people and injured more than 20 others.

  • Emergency crews respond to the scene of a tour bus crash along an icy Oregon highway that killed nine people and injured more than 20 others.

  • Emergency crews respond to the scene of a tour bus crash along an icy Oregon highway that killed nine people and injured more than 20 others.

  • Emergency crews respond to the scene of a tour bus crash along an icy Oregon highway that killed nine people and injured more than 20 others.

  • Emergency crews respond to the scene of a tour bus crash along an icy Oregon highway that killed nine people and injured more than 20 others.

  • A tour bus careened through a guardrail along an icy Oregon highway and several hundred feet down a steep embankment Sunday, killing nine people and injuring more than 20 others, authorities said.

  • Emergency crews respond to the scene of a tour bus crash along an icy Oregon highway that killed nine people and injured more than 20 others.