Injuries on Railroads, Buses, and Other Common Transportation Carriers
In this article, you will discover your rights if you are injured on a railroad, bus, or other common carrier in the State of New Jersey.
New Jersey Courts have long imposed a high duty of care towards customers on common carriers. The term “common carrier” is used when discussing railroads and buses as well as taxis and rapid transit.
The standard set is “the utmost caution of very careful prudent men and women or the highest possible care consistent with the nature of the undertaking.”
However, since New Jersey Transit operates a large number of buses and trains in New Jersey, it is protected by the “New Jersey Tort Claims Act,” which is discussed in the previous article on our Blog.
The major impediment in this Act is the fact that a “Notice of Claim” must be filed within 90 days of any accident on a New Jersey Transit bus or train or your claim will not be able to proceed.
In addition, your injury must be substantial.
New Jersey Transit also operates small buses and vans for the elderly and disabled under its “Access Link” program. Some of these vehicles are operated by NJ Transit and others are operated by outside companies who contract with NJ Transit. It is important to note that if you have a physical injury and are further injured on an “Access Link” vehicle, the law says that the carrier must use more caution than if the passenger had no disability.
If you are injured by a fellow passenger on a NJ Transit bus or train, you can proceed with a claim against NJ Transit if the bus driver or train conductor knew or should have known that the fellow passenger was a danger and failed to act to protect you.
An example of this is if you were on a bus and another passenger started assaulting another passenger and thereafter assaulted you.
The bus driver has a duty to call the police and take action to protect you as he should be aware of the dangerous situation created by the assault on the other passenger.
In addition, there is a duty of a common carrier to select a reasonably safe place for the passenger to exit.
If the carrier fails to exercise a high degree of care and selects an unsafe place to depart and as a result you are injured, you may have a valid claim.
The situations arising from common carrier injuries are varied. Suffice it to say, that if you are seriously injured on or getting off a common carrier, your rights may have been violated.
With guidance of a knowledgeable attorney for common carrier cases, you can have the peace of mind knowing that your rights will be protected.
For more information on injuries on railroads, buses and other common carriers, an initial consultation is your best move.
The Kronberg Law Firm has a great degree of experience with such cases.
Get the legal answers you deserve by calling or texting us at (973) 204-6573 today.