In both the northern and southern parts of the state, hundreds of thousands of residents use New Jersey Transit as part of their daily commute. For a large percentage of those riders, their trip either begins or ends across a state line in New York or Pennsylvania. This might not seem to be of much significance, but the U.S. Supreme Court recently agreed to rule on an issue that could expand plaintiffs’ rights in cases where NJ Transit accidents occur out of state.
Two separate cases gave rise to the question of whether the sovereign immunity of a state entity extends beyond state borders. In one, the plaintiff alleges that an NJ Transit bus traveling through Philadelphia struck his parked car. The other claim was brought by a pedestrian who says he was hit by a bus at a Manhattan intersection. According to a 2019 Supreme Court ruling, one state cannot be sued in another state’s courts unless the defendant state consents.
This litigation bar is rooted in the concept of sovereign immunity, a centuries-old principle that protects governments against lawsuits. However, state services have expanded significantly over time, and there are questions about whether immunity should apply to entities such as state hospitals, public universities, student loan servicers and public transit providers whose reach might extend beyond state boundaries.
If the Supreme Court rules in favor of the plaintiffs in these personal injury lawsuits, it could signal a shift toward greater liability for states if their entities operate outside of home jurisdictions. Victims who are involved in accidents in New York City, the Philadelphia area or Rockland County could have the opportunity to seek relief in courts that might be more favorable to their interests.
Wherever the incident occurred, if you were hurt while riding in an NJ Transit bus or train, you should find an attorney who has successfully litigated mass transit accident claims and understands the specific rules that apply when suing government entities.
Seigel Law has collected more than $500 million for clients in a wide range of New Jersey personal injury and wrongful death cases, including matters stemming from bus and train accidents. To set up a free consultation, please call 201-444-4000 or contact us online. Our office is in Ridgewood.