I Got Hurt on the Train: Who Is Liable?
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 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. In fact, 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.
It is also possible to hold a part manufacturer liable if you suffer injuries in a train accident. Certainly, 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.
Who 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:
- 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.