When you board a New Jersey Transit bus or train, you entrust yourself to the safety of the bus or train and operators of them. Unfortunately, NJ Transit accidents are more common than many realize and can result in serious injuries that disrupt your life, health, and livelihood. From sudden stops and faulty doors to pedestrian strikes and unsafe boarding conditions, these incidents demand immediate legal attention and a firm understanding of New Jersey law. Furthermore, NJ Transit Buses striking other vehicles or pedestrians due to driver negligence is a common occurrence.
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we represent individuals injured in public transportation accidents and have an understanding of the legal complexities that come with filing a claim against NJ Transit. This article explains what to do if you are injured on NJ Transit, common accident scenarios, the unique legal framework involving sovereign immunity, the heightened duty of care required of common carriers, and the steps necessary to protect your rights.
Common NJ Transit Accident Scenarios
Accidents involving NJ Transit can occur in numerous ways. Each presents unique risks and legal challenges:
- Sudden Stops or Swerving – When a bus or train suddenly brakes or swerves, passengers may be thrown from their seats or lose their balance while standing. These types of incidents are particularly dangerous for elderly or disabled riders.
- Door Injuries – Malfunctioning doors that close prematurely or with excessive force can trap arms, legs, or belongings. In some cases, passengers have been dragged when clothing or bags became caught in the doors.
- Boarding and Exiting Mishaps – Accidents often occur while boarding or exiting NJ Transit vehicles. Poor lighting, uneven pavement, high steps, and driver inattention can all contribute to dangerous conditions.
- Pedestrian Accidents – Pedestrians may be struck by buses or trains at intersections, bus stops, or train crossings. In urban areas with dense traffic, NJ Transit drivers must exercise extreme caution. Our firm has a serious case with our client trying to board a NJ Transit bus and the bus pulled away as he attempted to get on the bus. The wheel went over his leg causing a serious degloving injury and compound fracture.
- Platform Injuries – On NJ Transit train platforms, passengers face hazards such as slippery surfaces, platform gaps, and overcrowding. A misstep or push in a crowded space can result in a fall onto the tracks or serious injury.
Each of these scenarios can lead to claims against NJ Transit, but they must be handled carefully within the framework of state law.
What Is NJ Transit’s Duty to Passengers? Understanding the Common Carrier Standard
NJ Transit is classified as a common carrier under New Jersey law. This legal classification holds NJ Transit to a higher standard of care than typical drivers or private transportation services.
According to New Jersey courts, a common carrier must exercise the highest degree of care consistent with the practical operation of its service. This standard applies from the moment a passenger enters NJ Transit property or vehicles until they have safely exited.
In practice, this means that:
- NJ Transit must properly maintain its vehicles and platforms.
- Operators must be trained, alert, and cautious.
- Hazards that could reasonably cause injury must be anticipated and mitigated.
Failure to meet these obligations can constitute negligence and form the basis of a personal injury lawsuit.
Sovereign Immunity and the New Jersey Tort Claims Act
Because NJ Transit is a public entity, claims against it are governed by the New Jersey Tort Claims Act (Title 59). This law creates significant procedural hurdles for injured individuals:
- Notice of Claim Requirement
- You must file a formal Tort Claim Notice within 90 days of the incident.
- The notice must include specific information about the accident, your injuries, and the circumstances.
- Failure to file within this time frame usually bars any recovery. In certain extraordinary circumstances the time for a Tort Claim Notice can be extended up to a year by filing a special motion. It is rare that this extension is permitted. Our firm recently obtained an extension up to a year in a case where a mother lost her son due to public entities negligence. Since she became psychiatrically distraught, we successfully argued that her mental incapacity rendered her unable to seek counsel and file the tort claim notice within 90 days. The Court ruled in our favor and permitted the late filing of the tort claim notice.
- Six-Month Waiting Period
- After filing the Notice of Claim, the law requires a six-month waiting period before filing a lawsuit.
- This period allows NJ Transit to investigate the claim and possibly negotiate a settlement.
- Permanent Injury Threshold
- In many cases, especially those involving pain and suffering, you must prove that your injury is permanent and substantial to recover non-economic damages.
These procedural requirements make it critical to act quickly and retain an attorney familiar with the nuances of litigating against public entities in New Jersey.
How to File a Tort Claim Notice
Filing a Tort Claim Notice is not a simple formality. It must include:
- The claimant's name and address
- The date, location, and circumstances of the incident
- A general description of the injury
- The basis for the claim and alleged negligent or culpable conduct
- The names of public employees involved (if known)
- The amount of the damages claimed, along with supporting documentation
An attorney must ensure that the notice is complete, timely, filed and properly served.
Gathering Evidence After a NJ Transit Accident
Strong evidence is key to a successful claim. If you're injured in a bus or train incident, take these steps:
- Report the Incident – Notify the driver, conductor, or NJ Transit employee immediately and ask for an incident report.
- Photograph the Scene – Take pictures of the vehicle, platform, steps, and any visible hazards.
- Obtain Witness Information – Get names and contact information of any bystanders who saw the accident.
- Seek Medical Attention – Prompt medical documentation of your injuries is essential for proving your case.
- Preserve Physical Evidence – Keep clothing, belongings, or items that may have been damaged or played a role in the incident.
The Role of Expert Testimony
In many NJ Transit cases, expert witnesses are critical. These may include:
- Engineering Experts to evaluate platform or vehicle safety conditions.
- Human Factors Experts to assess visibility, driver behavior, or pedestrian risk.
- Medical Experts to explain the severity and permanence of your injuries.
At our firm, we routinely work with experts to build strong, persuasive cases that meet the high burden required in public entity litigation.
What to Expect During the Legal Process
Once your Notice of Claim has been filed and the six-month waiting period passes, your attorney can file a formal complaint in civil court. From there, expect:
- Discovery Phase: Collection of evidence, depositions, and document requests.
- Motions and Hearings: NJ Transit may attempt to dismiss or limit the claim.
- Settlement Discussions: Many cases resolve through negotiation or mediation.
- Trial: If settlement is not reached, your case may proceed to a jury trial.
NJ Transit will have experienced legal counsel and insurance adjusters working to minimize payouts. Having a knowledgeable attorney levels the playing field.
How Our Firm Builds Strong NJ Transit Cases
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we go beyond the basics. Our approach includes:
- Judicial Strategy Sessions
- We collaborate with two retired presiding judges (Judge Brogan and Judge Chiocca) who provide insight into how a sitting judge or jury may view your case.
- These strategy sessions shape our litigation plan and improve trial readiness.
- Mock Jury Focus Groups
- In our in-house mock courtroom, we conduct focus groups to test themes, arguments, and evidence presentation.
- This allows us to fine-tune our messaging and anticipate juror reactions.
- We learn from our focus groups on what to include or highlight and what to not include. Many times, as attorneys we think we know the best way to present and our mock jurors convince us that we are wrong when we observe them deliberate. It is one of our best tools.
- Aggressive Discovery Tactics
- We pursue all available surveillance footage, maintenance records, driver logs, and prior incident reports.
- Our thorough discovery efforts often uncover key evidence of negligence.
- Regulatory Knowledge
- We understand NJ Transit policies, safety regulations, and federal transportation rules.
- This allows us to identify violations of the common carrier standard and use them to support your claim.
Why Time Matters: Don’t Delay Your NJ Transit Claim
One of the biggest mistakes injured passengers make is waiting too long to act. Evidence disappears, witnesses forget, and the 90-day deadline to file a Notice of Claim can pass quickly.
Even if you're unsure whether you have a case, it's better to speak to an attorney early. We can evaluate the facts, preserve critical evidence, and file your claim properly.
Contact Us Today
If you or someone you love has been injured in a bus, train, or pedestrian accident involving NJ Transit, you deserve answers, accountability, and compensation. Let us help you navigate this complex legal process and advocate for your recovery.
Call Scura, Wigfield, Heyer, Stevens & Cammarota, LLP today for a free consultation to discuss your potential claim against NJ Transit. Attorneys in one of our New Jersey offices are happy to provide a phone consultation initially to determine whether you have a case.
