Legal Question in Personal Injury in New Jersey
train fatality
My father was kiled by a new jersey train. He suffered from dementia and got disoriented and drove his car down the side of the rail tracks, not on the tracks but along side them untill his car got stuck and he started walking back the way he drove but on the tracks. It was dark and this didnt happen at a station but about 1/4 mile from the station. The train conductor saw him at the last moment and said my father saw the train at the last moment also. He tried to get out of the way but it was to late. I was just curious to know if new jersey transit is responsible in part or in whole or not at all. They are charging us almost 400 dollar for towing and storage of the auto and I am assuming access to the tracks is easy enough and dangerous enough for this horrible accidnet to happen.
thank you for your time
3 Answers from Attorneys
Re: train fatality
I am sorry for your loss.
Because your father's dementia caused him to drive to where his car was stuck would make NJ Transit and any other entity such as Amtrak probably only partially responsible. The law calls your father's part in it "comparative" or "contributory" responsibility. However, I do think that the train entities can be held liable, depending on the physical aspects of the situation like the access to the tracks.
Whichever auto insurance company covered the vehicle your father was in should be paying the towing bill.
Also, there are death benefits under that policy as well.
Please call me to discuss -- 888.777.0455
Re: train fatality
Thank you for your inquiry.
I beleive that NJ Transit has a duty not to allow vehicles to run along sideof the train tracks. That being the case, I am very interested in learning more facts about this case and becoming the attorney on behalf of your father's estate.
As it would be my pleasure to speak to you regarding your potential wrongful death matter, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
Re: train fatality
You probably do not have a meritorious claim against the train operator. I noticed that your father suffered from dimentia, was he being treated? Perhaps there is a malpractice case against the doctor. In addtion, how did he get access to the vehicle?
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