Public transportation is crucial in New Jersey, with the state relying on buses, trains, and light rail. If you were hurt on one of these vehicles or in the process of taking the state’s transit, you may wonder about your legal rights and options. After being injured on public transportation in New Jersey, you may be able to file a claim for compensation and damages. To learn more and secure experienced legal counsel during your case, read on and reach out to a knowledgeable New Jersey transit accident lawyer today.
What is Public Transportation?
Public transportation, also known as public transit, mass transit, etc., is a form of transportation available to the general public. These services are shared by the public and generally operate on a scheduled route.
In New Jersey, public transportation includes buses, trains, and the light rail. Commuters may also use the PATH train, ferries, or other public transit. These services are available for everyone and charge a fare for use.
Whether you are commuting to work, going to school, attending an event, or just visiting friends and family, public transportation is an essential part of New Jersey’s operation.
Can I File a Claim if I Was Injured on Public Transportation in NJ?
Under state law, New Jersey Transit owes passengers a duty of care to operate vehicles safely and prevent unnecessary accidents and injuries. This means that vehicles must be regularly inspected and well-maintained, staff must be adequately trained, and safety precautions must be put in place. If NJ Transit fails to meet this standard and it results in your accident and injury, then yes, you can file a claim in pursuit of compensation.
New Jersey’s Tort Claims Act, Title 59, governs claims against public entities. This act establishes that “A public entity is liable for injury proximately caused by an act or omission of a public employee within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances.”
Essentially, if a government employee or agency is responsible for causing your accident and injury, you can hold them liable for your damages. It is important to note, however, that you must be able to prove the negligence and liability of the defendant.
When is NJ Transit Liable for My Injury?
NJ Transit will only be legally responsible for your injury if an employee or the agency itself caused your accident and damages. For example, suppose that you were getting off a bus and the driver did not wait for you to exit before driving off. You were about to step off the bus, but the motion caused you to fall and break your wrist. Because the driver acted negligently by failing to check if you had safely departed before moving, you can file a claim.
Taking legal action against a government agency is more complex than against a private company or individual. It is important to understand the shorter time limitations and additional requirements you must comply with. Reach out to a skilled attorney for more information and guidance.
