How to File a Claim Against NJ Transit If You’re Hurt on the Train
Filing a claim against the NJ transit system can be a very trying task, so it makes sense to have an experienced attorney on your side to ensure you have the best chance of success. Here are the steps to take to file a claim, as well as some other things for your consideration.
Who is Liable in a New Jersey Transit Accident?
New Jersey Transit has a higher number of accidents than most transit entities in the United States. In the last five years alone, the number of accidents reported has gone over 150, making it one of the more accident-prone transit authorities. Injuries on the train can occur from numerous causes. Some include failure of the train to slow or stop, crashing, or becoming trapped in the door.
The responsibility to ensure the safety of passengers and workers falls on the NJ Transit. So, if you sustain injuries in their train stations, trains, or buses, they will be liable for damages.
You Must Act Quickly
The Title 59 New Jersey statute is the controlling authority for how you have to proceed in a personal action injury against a public entity in New Jersey. New Jersey Transit is one such legal entity. To successfully file a Title 59 lawsuit against NJ Transit, time is crucial, and you must file a tort claim notice within 90 days of the accident in question. If you miss this deadline, you will most likely be denied any damages to which you may be entitled. Once the claim is filed, you have two years from the date of the accident to file a lawsuit against NJ Transit to recover damages.
Here are some other things to pay attention to:
- Make sure that you receive medical attention immediately after the accident. Understand the extent of your injuries as well as possible since this information will become crucial when filing a claim.
- Try to gather as much information as you can. If you can secure the contact information from someone who witnessed the event, that will help your case. Photographic evidence may also prove useful.
- Alert the operator or the authorities of your accident. This will leave evidence of the fact.
Speak with a Personal Injury Attorney Right Away
Even if you feel your injuries or loss is not worth pursuing, you should still file a claim, so the clock doesn’t run out as you recover. Title 59 NJ is very complex, so it’s best to immediately speak with an attorney with experience filing NJ public entity liability claims. At Rossetti & DeVoto, PC, we have a proven track record of winning personal injury settlements against NJ Transit. Give us a call at 844-263-6230 for a free consultation with our team of successful lawyers.