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Personal Injury & Medical Malpractice Blog

Tuesday, October 18, 2016

Hoboken Train Crash Kills One, Injures More Than 100

What are my legal rights if I am injured in a train crash?

Recently, a New Jersey Transit train crashed into the station in Hoboken, New Jersey, killing one and injuring 114 others.  The victim of this horrific crash was a 34-year-old Hoboken resident, standing on the platform at the moment the train barreled into the station.  Preliminary reports suggest that the train operator may have been at fault for the crash, or it could have been just a tragic accident.  At least one witness has stated that the train never slowed down as it approached the end of the line, jumping over the bumper block and into the station.  Unfortunately, the train was not equipped with an automatic brake system, which is used to slow a train if the engineer does not apply the brakes in time. 

The National Transportation Safety Board is continuing its investigation of the crash.  Thus far, investigators have uncovered one event data recorder, while another was found broken.  Troubling evidence has emerged that there may have been warning signs to the Hoboken crash.  At least three other accidents have occurred in this same terminal involving trains slamming into the bumper stop.  These incidents did not result in injuries, though they did cause several thousand dollars in damages. 

Municipal Liability for Train Accidents in New York

Most trains are operated by the city or state.  In the case of the Hoboken crash, the train was operated by New Jersey Transit, which is state owned.  When the negligence of a municipality leads to injury, the injured party may have the right to file a claim under municipal tort law.  It seems likely that the NJ transit may face lawsuits due to the potential evidence of negligence emerging in the aftermath of the crash. 

Municipal liability in New York is a complex area of the law, and these cases are subject to stringent time limitations and issues of immunity.   If you are injured due to the potential negligence of a municipal corporation, state, city, town, or county, contact NY personal injury lawyer Arthur O. Tisi today at (917) 789-1390 to schedule your free consultation.  


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