When a train accident takes place, those who were hurt may be able to pursue financial compensation from any person whose negligence led to the accident, related injuries, and/or fatalities.

If it was the railroad company's negligence and the accident happened as a result, they could be liable for any injuries the passengers sustained. If the accident happened as a result of operator error, track breakdown, derailment, or collision with another train, injured passengers may be able to pursue a lawsuit.

If an individual was struck by the train, like a recent incident in North Jersey on June 7 where a pedestrian was fatally injured, the surviving family members could potentially file a claim on the deceased's behalf. Or, the 2020 train crash in Hoboken, New Jersey, where 100 people were killed. Train accidents happen more than you may believe. The Federal Railroad Administration's Office of Safety Analysis estimates there are more than 11,000 train accidents annually.

Below is an overview of what you need to know about train accidents in New Jersey. But, if you’ve been injured in a train accident, consult with the NJ train accident lawyers of Brandon J. Broderick. Call us today to schedule a free case evaluation.

Who's Liable In A New Jersey Train Accident?

Determining liability can be easy, and sometimes difficult, depending on the circumstances. Most of the time, the accident's evidence can be evaluated to determine how the accident happened. Many times, multiple parties are liable for injuries brought on by a NJ Metro train accident. Parties who may be held accountable include:

• Track or station owners: state government, Amtrak, transit agency or private company
• Train engineers and conductors
• Transit agency or its personnel
• Local, state or federal municipalities
• Companies who are in charge of building and maintaining railroad tracks, trains, and other related machinery
• Railroad equipment manufacturer

Liability for a Metro train accident must be established since filing a claim against governments or other public entities is subject to stringent notice rules; failure to comply with these requirements may result in the victim losing their right to compensation.

Common Carrier Liability

A common carrier is any company engaged in the business of moving people or things from one place to another. As a result, railroad companies like Amtrak and NJ Transit are both considered common carriers with a responsibility to keep passengers safe.

What obligations does a railroad company have to passengers?

A railroad company has the responsibility:

• to make sure that the tracks and trains are maintained regularly.
• to guarantee that all personnel have the necessary education and training, including conductors and engineers, to oversee a train and its passengers. 

Either a private business or a public agency operates the train. But even a privately held business like Amtrak must abide by strict state and federal safety laws.

The number of hours a train engineer or operator may work without a break is one of these federal regulations. Train crew members are required to get enough rest in between shifts in order to operate the train safely. Fatigue is a dangerous issue for trains.

Common Reasons Why Train Accidents Happen

A derailment, a collision with a car, a fixed object, or another train are all possible scenarios for a train accident. Metro trains may also strike passengers or pedestrians.

There are numerous potential causes for these mishaps, including:

• Human error caused by negligence, a distraction, exhaustion, or intoxication.
•  Issues with tracks, such as incorrect installation, unrepaired damage, or defects.
• Equipment problems, due to poor design, poor manufacturing, or poor maintenance.
• Signal issues, such as software or electrical issues that prevent the system from sending signals or cause it to send the incorrect signals.

Filing a Claim Against a Railroad Company

You must prove negligence on the part of the railroad company to file a claim against them. Speeding or fatigue may be considered negligent. If the train was not properly maintained, safety requirements were not met, or other reasonable safety practices were not followed, the company could be deemed to have been negligent.

New Jersey Train Accident Lawyers: Brandon J. Broderick

A train accident's liability might be complicated. However, with decades of experience and a successful track record, Brandon J. Broderick, Attorney at Law, has helped accident victims in New Jersey and New York seek justice.

Negligent parties should be held responsible for their acts, particularly when such actions put financial and emotional hardship on an accident victim.

For a free consultation, get in touch with us today, and allow us to help you take steps in the right direction.