Managing the Legal Process for Personal Injury Claims After a New Jersey Public Transportation Accident

Being injured in a public transportation accident in New Jersey can be a horrible experience, leaving you with physical, emotional, and financial burdens to deal with. Suppose you were a passenger on a NJ Transit bus, train, or another public transit system in Newark, Jersey City, or Cherry Hill. In that case, it’s important to understand the legal process for filing a personal injury claim. 

This understanding is important to protect your rights and seek fair compensation after the accident. Seeking guidance from a New Jersey personal injury lawyer can assist you in getting through the confusing legal process and advocating for the justice you deserve.

What Are the New Jersey Public Transportation Laws You Need to Understand?

New Jersey has specific laws governing public transportation accidents, including the New Jersey Transit Corporation (NJ Transit) and other public entities. Understanding these laws is crucial for establishing liability and seeking compensation in legal cases.

According to a 2023 report by the New Jersey Public Interest Research Group (NJPIRG), the number of people using public transportation in the state has steadily increased over the past five years.

With the increasing number of passengers, understanding the legal implications of public transportation accidents becomes crucial.

Comparative Negligence in New Jersey

It’s important to note that New Jersey follows a comparative negligence system, which means that your compensation may be reduced if you are found partially responsible for the accident. 

According to a 2023 study by the American Bar Association, over 70% of car accident lawsuits in New Jersey involve some degree of comparative negligence. 

Your personal injury lawyer will work to minimize any potential contributory negligence on your part and maximize your recovery.

Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. However, if your claim is against a government entity, such as a public transportation authority, you may need to provide a notice of claim within a much shorter time frame. 

This timeframe is often as little as 90 days. An experienced personal injury lawyer can ensure you meet all deadlines and requirements.

Understanding Your Rights as a Public Transportation Passenger

In New Jersey, public transportation providers have a legal duty to ensure the safety of their passengers. 

A 2023 report by the New Jersey Department of Transportation (NJDOT) highlights that passenger safety is a top priority, with over $30 million invested annually in vehicle maintenance and safety programs.

If you were injured due to their negligence, such as poorly maintained vehicles, inadequate safety measures, or careless driving, you may be entitled to compensation for your damages.

Immediate Steps to Take After a Public Transportation Accident

If you’ve been involved in a public transportation accident, it’s crucial to take fast and effective action to protect your rights and well-being. 

Here are the essential steps to take immediately after the accident to ensure your safety and strengthen your potential personal injury claim:

Seek Medical Attention Immediately

Your health and well-being should be the top priority after an accident. Seek medical attention immediately, even if your injuries seem minor. 

Immediate medical care not only ensures proper treatment but also creates a documented record of your injuries, which can be valuable when filing a personal injury claim.

Gather Evidence and Document the Accident

Collecting evidence at the accident scene is essential for building a strong case. If possible, take photographs or videos of the accident site, the vehicles or public transportation involved, and any visible injuries you sustained. 

Obtain contact information from eyewitnesses and request a copy of any official reports filed by the authorities or transportation company.

Consult with a Reputable 

Handling the legal process for a personal injury claim can be complex, especially when dealing with public transportation authorities or insurance companies. Consulting with an experienced personal injury lawyer in New Jersey is highly recommended. 

These legal professionals have a deep understanding of New Jersey’s personal injury laws and can guide you through the entire process, protecting your rights and ensuring you receive fair compensation.

Documenting Damages and Losses

To support your personal injury claim, it is important to document all damages and losses resulting from the accident. This includes:

• Medical Expenses

Keep detailed records of all medical bills, including hospital stays, doctor visits, physical therapy, and any ongoing treatment or rehabilitation costs. 

• Lost Wages and Future Earning Potential

If your injuries prevent you from working, document your lost wages and any potential impact on your future earning capacity. 

• Pain and Suffering

In addition to physical injuries, you may be entitled to compensation for emotional distress, mental anguish, and diminished quality of life. 

• Property Damage

If any personal property, such as a vehicle or belongings, was damaged in the accident, document the costs for repair or replacement.

Negotiating with Insurance Companies

Public transportation providers and their insurance companies may attempt to minimize their liability or offer a low settlement amount. 

Your personal injury lawyer will handle all communications and negotiations with the insurance companies, advocating for your rights and ensuring you receive fair compensation.

Litigation and Trial

If a reasonable settlement cannot be reached through negotiations, your lawyer may recommend filing a personal injury lawsuit in court. 

While most cases are settled out of court, your lawyer will be prepared to take your case to trial and present evidence to a judge or jury if necessary.

FAQs

What if I’m partially at fault for the accident?

New Jersey follows a modified comparative negligence rule, which means you can still receive compensation even if you’re partially at fault.

How long does the legal process typically take?

The length of the legal process varies depending on the complexity of the case and the willingness of the public entity to settle.

What if I’m injured in a public transportation accident outside of New Jersey?

Laws and regulations vary by state, so it’s essential to consult with a lawyer familiar with the specific laws in the state where the accident occurred.

Conclusion

Experiencing a public transportation accident in New Jersey can be complicated. However, by understanding the legal process and consulting with a competent personal injury lawyer, you can protect your rights and secure fair compensation.

By following the steps in this guide, you can confidently deal with the legal system and concentrate on your recovery while your lawyer represents you. 

It’s essential to act immediately and document thoroughly to strengthen your case and ensure you receive the compensation you are entitled to.