What Is Tommy’s Law In New Jersey?

The New Jersey legislature signed a bill into law in 2018 requiring the state’s transit authorities to take specific actions after a train, bus, or light rail accident that causes injury or death to a passenger. The law also applies to any person harmed on public transit platforms or property. Labeled “Tommy’s Law,” State Assembly Bill A3904 was named in honor of  Thomas “Tommy” Ryan, a 29-year-old man who died after being struck by a New Jersey Transit train in 2016. The train was traveling at 70 miles per hour when it struck and killed Ryan at the Ramey Main Street Station in Bergen County as he was trying to catch a train to New York.

What Does Tommy’s Law Require From New Jersey Transit After an Accident?

New Jersey Senator Gerry Cardinale sponsored Tommy’s Law in response to the Ryan family’s complaint that New Jersey Transit not only failed to provide support to the grieving family but also neglected to communicate basic information or return Mr. Ryan’s belongings. The investigation into Tommy Ryan’s death showed that the Main Street Station where the accident occurred had poor sight lines and obstructed signals at crossings due to crowded street parking and structures near the tracks.

Under Tommy’s Law, the state must provide grieving family members with crisis counseling such as crisis intervention, individual and group counseling, and access to support groups. Since the bill was signed into law, New Jersey Transit now assigns a crisis liaison to ensure that family members are kept informed after a serious accident, receive their loved one’s personal belongings once the investigation has closed, and have access to emotional support.

Public Transit Accidents In New Jersey

Public transit accidents occur on New Jersey’s trains, light rails, and buses. Accidents such as the following are not as uncommon as you might think:

• Pedestrian accidents, such as pedestrians hit by buses and trains
• Train derailments
• Bus accidents
• Train platform injuries
• Bus stop injuries

When an accident and injuries occur due to negligence on the part of the New Jersey Transit Agency or an individual operator, the injury victim or their surviving family member have a right to recover compensation for their losses.

Recovering Compensation After an Accident Involving New Jersey Transit

Injury victims or the families of those killed in New Jersey Transit accidents may file claims against the agency to recover compensation for their damages, like medical expenses, lost wages, and compensation for pain and suffering. It’s important to note that personal injury claims against government entities have different requirements and timelines than typical personal injury claims. For example, the injury victim must send a notice of claim to the appropriate entity within 90 days of the accident to notify them that they will be filing a personal injury claim.

Also, to file a lawsuit against a government entity in New Jersey, such as New Jersey Transit, requires proving one of the following exceptions to the state’s sovereign immunities (protection from lawsuits against government entities) occurred:

• There was a dangerous condition on the public property
• An operator was negligent while operating a public transportation vehicle
• Negligence occurred while a public employee performed their duties

In a claim against a government agency in New Jersey, an injury victim may only recover compensation for pain and suffering if they suffered catastrophic injuries or medical expenses exceeding $3,600. 

Also, in the event that you may need a personal injury attorney in New Jersey, reach out to our lawyers at Grungo Law today for support for a free case consultation.