Public transportation is a crucial service, especially in states like New Jersey, where much of the dense population commutes all over for work and leisure. Public transit vehicles, while convenient and necessary, have the capacity to cause significant accidents and injuries. If you sustained an injury while taking public transportation in New Jersey, understanding whether and how you can be compensated for your damages is imperative in protecting your rights. Reach out to a Bergen County injury lawyer at Feitlin, Youngman, Karas & Gerson, LLC for more information and skilled legal representation.
What is Public Transportation?
Public transportation, or public transit, refers to any transportation service that is available to the general public. These services operate on fixed routes and schedules and charge a fare for individuals to ride.
Public transportation in the United States often includes buses, railways, subways, ferries, trams, and more. New Jersey Transit operates over 2,200 buses, 1,200 trains, and 90 light rail vehicles. These services are essential to New Jersey residents and help people commute to and from work, get to sporting and entertainment events, visit friends and family, and more.
Can I Be Compensated for a Public Transportation Injury in NJ?
If you are injured while on public transportation, boarding or exiting public transportation, or even while waiting on a platform, you may be entitled to compensation. Title 59, or the Tort Claims Act, governs claims against public entities and their employees.
Section 59:2-2 outlines the liability of a public entity, stating 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” but “is not liable for an injury resulting from an act or omission of a public employee where the public employee is not liable.”
When Can I Recover Damages for an Injury on Public Transit?
As established in Title 59, agencies like NJ Transit can only be held responsible for an injury if the entity or an employee is liable for causing the accident or injury. You must be able to prove the agency’s negligence by establishing that you were owed a duty of care, the duty of care was breached in some way, your accident was a direct result of the breach and was reasonably foreseeable, and you suffered actual harm and damages.
NJ Transit is classified as a common carrier, meaning a transportation service that operates for a fee. The state imposes a higher standard of care on common carriers than on individual drivers or private carriers. This means that public transportation agencies are legally obligated to exercise the highest degree of care, which includes maintaining vehicles and platforms, ensuring operators are properly trained, mitigating potential hazards, and more. If this standard of safety is not met, you can file a claim for your injury.
Filing a claim against a government agency can be complicated, so it is important that you work with a skilled attorney who can guide you through the process and ensure you do not miss out on compensation.
