It’s important to see legal counsel as soon as possible when involved in a mass transit accident. Take the case of Ramona Friday against New Jersey Transit. She says she fell on ice when she was walking to catch the train at the Brick Train Station in East Orange.
New Jersey Transit is considered a public entity. In a prior article, we’ve discussed the time limits for filing notices under the New Jersey Tort Claims Act.
The statute of limitations for Tort Claims notifications is usually ninety days. However, a judge may make exceptions up to one year for good cause. Was this the case for Ramona Friday? In short, no. Want to know why?
Ramona could not demonstrate “extraordinary circumstances” that gave her a reason to file a late notice of claim. (She made the application to file a late notice almost a year after the accident.) It wasn’t that Ramona didn’t blame her injuries on the slippery conditions all along. It wasn’t enough that Ramona claimed she didn’t know that she had just ninety days to put New Jersey Transit on notice.
The delay in filing the Notice of Claim didn’t give Ramona the chance to pursue a case.
Keep this in Mind if you’re injured in a Mass Transit Accident
So, we’re guessing you’ve figured out the first detail to keep in mind about mass transit accidents. Nevertheless, we’ll reiterate:
1. See an Experienced Mass Transit Attorney as soon as possible
An experienced mass transit attorney will know if a public entity needs to be put on notice and will file the proper forms. This will ensure that your claim is not barred.
2. Mass Transit Accidents Involve Different Jurisdictions
Again, this is the reason to seek legal counsel. Here’s some examples that may interest you:
- Aviation Accidents – May be subject to multiple federal and international jurisdictions
- Amtrak Accidents – Decided in Federal Court
- New Jersey Transit Buses and Rail System – State cases
- Private Bus Companies – State Court
3. Common Causes of Mass Transit Accident Cases
Wondering what the most common types of mass transit cases are? Here’s a list:
- Vehicle collision
- Faulty equipment
- Operator intoxication
- Distracted or drowsy driving
- Criminal activity due to improper security
- Improper maintenance of bus stop, train station, etc.
4. Investigation is Key
Take photographs of the accident site if you can. Get witness names. Make an accident report. Provide this information to your attorney. All of this documentation will be crucial to pursuit of your claim for personal injury.
5. Don’t Talk to Mass Transit Investigators
More than likely, you will be contacted by representatives from the bus company or railroad. You are not obligated to speak with them. Again, this is the reason to retain legal counsel and refer them to your attorneys. Your lawyer will determine if it is in your best interests to speak with them.
Contact Us
As experienced personal injuries, the Law Offices of Anthony Carbone has represented a number of seriously injured individuals. Need help making a claim? Contact our office to make an appointment.