NJ Transit, the largest state-wide public transportation system in the U.S., is utilized by almost one million passengers daily. This is not to mention the Port Authority Trans-Hudson (PATH) rail service that takes commuters between New Jersey and Manhattan, along with the Port Authority Transit Corporation (PATCO) Speedline that facilitates travel between Camden County and Philadelphia. All of this to say, these buses, rail lines, and light rails are a constant and dependable means of travel for New Jersey residents and employees alike. But even so, a mass transit accident can occur when least expected. Without further ado, please read on to discover how you might get injured while commuting with a public transit system and how a seasoned Morris County, New Jersey auto accident lawyer at Macri Law Firm can help decipher whether you have reasonable grounds for a lawsuit.
How Might I Get Injured While Commuting on Public Transit?
Unfortunately, using a mass transit system for your commute to and from the state of New Jersey may come with its risks. For one, public buses share the same roads as standard motor vehicles, so they are not immune to the same or similar types of auto collisions. This is regardless of whether or not there is a designated bus lane on the road to promote safety, as bicyclists and pedestrians may be negligent in obstructing this path, and once again, prompting a crash.
As for the rail lines and light rails, a conductor may, unfortunately, act negligently by speeding, failing to stop at signals, or applying improper braking. Even if a conductor exercises an abundance of caution, there may be underlying defects or faults within the train. In a catastrophic scenario, the train may derail and leave passengers with life-threatening, life-altering, or life-ending bodily injuries.
Public transit accidents in New Jersey can involve buses, trains, and light rail systems, which can often lead to injury claims involving NJ Transit or other agencies. Regardless of whether or not your injury is caused by a bus accident, train malfunction, or hazardous conditions in a station, these cases are generally treated as personal injury claims in accordance with New Jersey law.
Common Causes of Public Transit Injuries in New Jersey
The most common ways passengers get injured on public transit in New Jersey include:
- Bus collision with cars, cyclists, or pedestrians on shared roadways
- Sudden stops or sharp turns can cause passengers to fall
- Train operating errors, like spreading or missing signals
- Poor vehicle maintenance, impacting brakes, doors, and signals
- Hazardous conditions when boarding or exiting
- Slipper floors or platforms
- Obstructions in the designated transit lanes
Types of Injuries Passengers May Sustain
- Traumatic brain injuries (TBIs) from impacts and falls
- Spinal cord injuries cause long-term disability
- Fractures and broken bones
- Soft tissue injuries
- Amputations, in severe accidents
- Burns from fires or electrical malfunctions
Do I Have Grounds to Sue a Public Transit System for My Injury?
The NJ Transit system and its employees have a duty of care to ensure that every last passenger is safe and secure while utilizing their services. So when they breach this duty, and you get injured as a result, you may have valid grounds to hold them accountable in a personal injury claim. Of note, though, say you believe a defect or malfunction caused your accident event to occur. You may have to pit your lawsuit against the manufacturer of these auto parts, rather than the transit system entity itself.
Lastly, even though the public transit system is responsible for your security, as a passenger, you must also abide by certain enforced safety rules and regulations. For example, you must pay attention to your surroundings when navigating through, boarding, and exiting the mass transit vehicle. So, if you experienced a slip and fall accident because you were texting while walking, your rights to a legal claim may be compromised.
Who Can Be Held Liable for a Public Transit Injury
- Bus or train operators who have acted negligently
- Public transit agencies, like NJ Transit or PATH
- Manufacturers of detective vehicle parts or equipment
- Maintenance providers responsible for inspection and repairs
- Private bus companies contracted for transit service
Key Legal Factors That Affect Claims in New Jersey
Public transit injury claims in New Jersey are governed in accordance with specific state laws, especially when state agencies like NJ Transit or PATH are involved. As such, these cases are not handled the same as traditional car accident claims.
- New Jersey adheres to a modified comparative negligence rule, which can impact the compensation you can recover
- Claims against the public entitled must be filed in accordance with the New Jersey Tort Claims Act
- You generally must file a notice of claim with the appropriate agency within 90 days of the collision
- Multiple parties may face liability, ultimately increasing the complexity of the case
- Strong documentation and evidence are critical to prove liability and damages
What Should I Do After Suffering an Injury on New Jersey Transit?
Taking the right steps immediately following a public transit injury can help you protect your health and your right to seek compensation through a strong legal claim.
Steps to Take Following a Public Transit Injury
- Seek immediate medical attention, even if you feel okay or if your injuries are seemingly minor
- Report the incident to the transit authority or operator
- Document the accident scene through photos and videos
- Take pictures of visible injuries
- Gather the names and contact information of witnesses
- Keep all travel records and documents
- Do not make any statements that could be viewed as admitting fault
Contact an Experienced New Jersey Public Transit Injury Attorney
If you have made it this far, please do not hesitate to seek further information from a competent Parsippany, New Jersey personal injury lawyer. The team at Macri Law Firm is willing and able to guide you through your future legal processes. Contact us today to learn how we can assist you.