Legal Issues related to the NJ Transit Commuter Train Crash at Hoboken Station

Notice of Claim

Because New Jersey Transit is a state-owned entity, a Notice of Claim would need to be filed within 90 days of the accident – December 28, 2016 – or potential legal rights against New Jersey Transit and the State of New Jersey would be forever barred.

The purpose of a “Notice of Claim” is ostensibly to put a government entity, in this case the State of New Jersey, on notice that they may be sued so that they can investigate the claim.  This presupposes that a government entity is not as efficient at keeping track of incidents, presumably because of bureaucracy concerns.  Regardless, even in a case like this where clearly the governmental entity has actual notice of the potential, indeed high likelihood, of claims against it, it is still entitled to use as a defense a claimant’s failure to file a Notice of Claim within 90 days, or in this case December 28, 2016, which would preclude the injured person or their family from maintaining a lawsuit against the State of New Jersey. This is an extremely harsh and unfair result, but one that victims and their families must be aware of and respect.

Discretionary Function

Another legal hurdle that may affect victims and their families related to a New Jersey Transit claim and lawsuit is a unique defense that the State of New Jersey, as the owner of New Jersey Transit, enjoys.  It is called the “discretionary function” exception to a sovereign’s liability.  What that means is that the government, like the king in old England, is legally considered the “sovereign”.  Under old English law, and to some extent under our laws, a sovereign is immune from being sued.  However, virtually all governmental bodies in the United States, including the State of New Jersey, has agreed to “waive” this immunity from being sued and allow a law suit against it like any other person or entity, except in certain circumstances.    

One of those exceptions is called the “discretionary function” and it generally means that the “sovereign”, or in this case the State of New Jersey, cannot be sued if it is exercising its discretion in carrying out a policy in its discretion, as compared to violating an established rule or standard.  So for instance, if a claim is made that PTC (“Positive Train Control”) should have been implemented sooner by New Jersey Transit, the State of New Jersey, relying on the “discretionary function” exception could say that it was in its discretion to decided when, where and how to implement PTC and it cannot be sued for its decisions in that regard since they were discretionary. On the other hand, the State of New Jersey would still remain responsible, and potentially liable, for the actions of its employees, including Mr. Gallagher, the train engineer, for his failure to abide by the 10 mph speed limit and to safely stop the train.

Watch Our Kreindler Train Accident Attorneys Discuss the Hoboken Crash in the Media

Read more about the Investigation, Technology, PTC and past legal train injury cases related to PTC.

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Founded in 1950, Kreindler & Kreindler LLP - www.kreindler.com, maintains offices in New York, Boston and Los Angeles. Long-regarded as the first and most prominent aviation accident law firm in the nation, Kreindler & Kreindler LLP has developed an intensive, experienced and well-funded practice in all aspects of transportation injury law - train & railroad, subway, bus, maritime and of course, aviation and helicopters. Kreindler transportation accident attorneys have recovered in excess of $3 billion dollars through trial or settlement for our clients.