X

More Than $1 Billion in verdicts and settlements

FREE CASE EVALUATION

856.354.0900

I Got Hurt on the Train: Who Is Liable?

title 59 new jersey

Using the train to commute to work or school anywhere in New Jersey is a great way to protect the environment, save money on gas, prevent normal wear and tear on your vehicle, and provide you with time to catch up on reading and work. However, a train accident can leave you with a severe injury. If you suffer injuries on the train, who can you hold accountable? In today’s post, the team from Rossetti & DeVoto, P.C. will answer this question and explain its relationship to New Jersey Title 59.

The Engineer

The first possible defendant you can name in a lawsuit if injured in a train accident is the engineer of the train. The engineer is the person who operates the train. The engineer is responsible for controlling the train safely. If the engineer was distracted by his mobile phone, impaired, or fell asleep at the controls, you might be able to file a claim against him or her for your injuries.

Part Manufacturer

It is also possible to hold a part manufacturer liable if you suffer injuries in a train accident. A defective or failed part could cause an accident. If investigators determine it is the origin of the crash, then your attorney will recommend filing a claim against the manufacturer of the train or the individual part that led to the accident.

Maintenance Provider

title 59 njWho is responsible for maintaining the train? You will want to find out who services the train you were riding on when injured. This maintenance provider could have failed to perform their duties, which might have been the cause of the accident. This discovery will enable you to file a claim against the maintenance company for their negligence.

Can I Sue a Public Entity?

Suing a public entity, such as a train operated by the state of New Jersey, can be complicated. NJ public entity liability, also known as the New Jersey Tort Claims Act or New Jersey Title 59, protects public entities from being held liable for injuries in certain circumstances.

If you suffer an injury in a public train accident, you must file a Notice of Tort Claim against the entity that operates the train no later than 90 days after the date of the incident. If you fail to file the Notice of Tort Claim within 90 days, you will not be allowed to submit the claim.

The Notice of Tort Claim informs the public entity that you wish to seek compensation for your injuries. This notice includes the following information:

  • Name
  • Address
  • Date and time of the accident
  • Location of the accident
  • The public entity responsible for the accident
  • How the accident happened
  • The amount of damage that occurred
  • Where you received medical treatment

Injured on the Train? Contact an Attorney Today

If you suffered injuries on the train, it is in your best interest to speak to a personal injury attorney as soon as possible. Be sure to seek medical attention even if you only sustained minor bumps and bruises, as medical records will give more validity to your claim. The devoted team of attorneys at Rossetti & DeVoto, P.C. know the laws surrounding New Jersey Title 59, and they will fight aggressively to represent your rights and get you the compensation you deserve. Call us today at 844-263-6260 to schedule a free case evaluation. You have nothing to lose as we only collect fees if we win your case.

Lou and Andy Named to Best Lawyers

Rossetti & DeVoto

Lou DeVoto and Andy Rossetti have again been named to New Jersey's Best Lawyers for Personal Injury Litigation. This is the 15th year in a row that each attorney has been named in the elite rankings.

Did You Know…

Rossetti & DeVoto

Rossetti & DeVoto, PC was selected for inclusion in the Bar Register of Preeminent Lawyers by Martindale-Hubbell, ranking them among the most distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto

Driven to Go the Distance — We Deliver Results

GET A FREE CONSULTATION

E-mail for an Immediate Free Consultation with one of our Attorneys. E-mails Answered 24-7.

NO FEE UNLESS WE WIN YOUR CASE!







Are You a New Client: YesNo


© 2020 Rossetti & DeVoto. All Rights Reserved

DisclaimerSite MapPrivacy PolicyPowered by Next Level Marketing

twitter  linkedin  facebook