Public transit accidents can leave passengers with questions and concerns. One of the most pressing issues is knowing who might be responsible for your injuries, especially when it’s serious enough to require medical treatment or affect your daily life. Liability in these situations isn’t always clear.
Who are the potentially liable parties?
In a public transit accident, several parties may bear responsibility, depending on the specifics of the accident. This can include:
- Transit agencies: Organizations like NJ Transit bear overall responsibility for their operations, including maintaining vehicles and facilities.
- Bus drivers and train operators: They have a duty of care to keep passengers safe.
- Maintenance personnel or station staff: They may bear responsibility in certain situations.
- Other drivers: They may be at fault if they crash into the transit vehicle.
- Vehicle parts manufacturers: They may be liable if faulty equipment causes an accident.
- Local or state governments: They may be responsible if issues relating to road maintenance or traffic signals were a main factor in the accident.
Vicarious liability can play a key role in public transit accidents. This legal concept means an employer can be liable for what their employees do on the job. For public transportation, this often means the transit agency can be held responsible for accidents caused by their drivers or other workers.
There are special rules for claims against public transit agencies
In New Jersey, the Tort Claims Act governs claims against government entities like NJ Transit. This law sets out specific rules, including:
- A requirement to file a formal notice of claim within 90 days of the incident.
- A six-month waiting period after filing the notice of claim before you can file a lawsuit.
- Limitations on the types of claims that parties can bring, as well as caps on damages in many cases.
- A higher standard of proof than simple negligence.
These rules can make claims against public transit agencies more challenging than those against private entities. They require quick action and careful adherence to procedures.
Get the clarity you need
The aftermath of a public transit accident can be confusing and stressful. If you’re unsure about your rights after a public transit accident, an attorney can assess your case and help you understand your options.