Lawsuits by Passengers Injured on New Jersey Transit Trains
Another tragic train accident that has occurred reminds us of the impact mass transit accidents can have on commuters. On September 29, 2016, during the rush hour morning commute, a New Jersey Transit train crashed into the Hoboken train station. The train was coming from Spring Valley, New York on the Pascack Valley Line. The train went through a wall of the station, causing great damage and significant injuries to morning commuters. There have been reports that more than 100 people were injured and at least one person was confirmed dead.
These passengers and/or family members need help when tragic accidents occur. The families of victims who were killed, or passengers of the train who are seeking damages for personal injuries, must file a notice of claim with New Jersey Transit. A formal notice of claim must be sent by certified mail to the public entity involved, as well as their employee, within 90 days of the accident. Having the notice of claim sent within these 90 days is crucial, due to the strict time limits that have been imposed by the New Jersey Tort Claims Act. The New Jersey Tort Claims Act governs injury and death claims that involve a government entity, or agency, and its employees. If the notice of claim is not sent within the required timeframe, the citizen’s right to pursue any claim will be precluded by the New Jersey Tort Claims Act.
However, under very rare circumstances, the time limits for filing the notice of claim may be extended by the judge. The judge would have to find that there are “extraordinary circumstances” which caused the litigant to be unable to send the notice of claim within the 90 days. Because this standard of extraordinary circumstances is so difficult to demonstrate, it is best if the litigant acts promptly. Although minors who have not yet celebrated their 18th birthday are relieved of this burden of filing the notice of claim within the first 90 days of the accident, it is nevertheless a good idea to file as soon as possible.
If you or your loved one has been injured in an accident where a New Jersey Transit train was involved, you will need an experienced personal injury attorney who can help you file a notice of claim. The skilled personal injury attorneys at Drazin and Warshaw have been helping clients injured in New Jersey Transit accidents for over 65 years. Contact us today to schedule a free consultation about your case.