How Can a New Jersey Train Accident Attorney Help With Liability Issues?
If you were injured in a train accident in New Jersey, determining who is legally responsible is one of the most important factors in recovering compensation. Unlike many other personal injury cases, train accidents often involve multiple liable parties, detailed investigations, and New Jersey laws that directly affect who may be responsible. An East Brunswick train accident attorney can investigate the accident, identify every liable party, preserve important evidence, and build a strong claim designed to maximize your recovery.
Why Liability Is Often the Most Important Issue in a Train Accident Case
Liability determines who is legally responsible for paying your damages. If liability is not established, recovering compensation can become much more difficult. Unlike many car accident claims, train accident cases frequently involve several potentially responsible parties. Depending on how the accident occurred, liability may rest with a railroad company, a train operator, a maintenance contractor, a manufacturer of defective equipment, another negligent driver, or even a government entity responsible for maintaining a railroad crossing or roadway.
One of the most valuable services an East Brunswick train accident attorney provides is identifying every party that may share legal responsibility. Pursuing every liable party can significantly improve your ability to recover full compensation for your injuries.
How an East Brunswick Train Accident Lawyer Proves Liability
Proving liability requires evidence showing exactly how the accident happened and why another party should be held legally responsible. Your attorney may obtain surveillance footage, train event recorder data, maintenance records, inspection reports, photographs, witness statements, police reports, and medical records. Depending on the circumstances, accident reconstruction professionals or engineers may also be consulted to determine whether the railroad or another party failed to use reasonable care.
Acting quickly is critical because surveillance footage may be erased, electronic records may be overwritten, and witnesses’ memories naturally fade. Preserving evidence often makes the difference between proving liability and being unable to establish exactly what happened.
New Jersey Railroad Crossing Laws May Help Establish Liability
New Jersey has several laws that require railroad companies to protect motorists, pedestrians, and others using public railroad crossings. These laws establish important safety duties that can help determine whether the railroad acted reasonably before the accident occurred.
For example, N.J.S.A. 48:12-54 generally requires railroads to provide approved safety protection at public railroad crossings. Depending on the crossing, that protection may include gates, flashing lights, warning bells, flagpersons, or other approved warning devices. If required safety equipment was missing or existing warning devices were not properly maintained, that failure may support your claim that the railroad did not fulfill its legal responsibilities.
Another important law is N.J.S.A. 48:12-57, which generally requires trains approaching certain public highway grade crossings to sound the whistle or horn or ring the locomotive bell before reaching the crossing. The purpose of this law is to warn people that a train is approaching so they have enough time to avoid danger. If those warnings were not given, that failure may become important evidence of negligence.
Additional railroad crossing statutes may also affect liability. N.J.S.A. 48:12-83 generally means that when certain crossings lack specified warning devices, whether you were partly responsible is ordinarily a question for the jury instead of automatically preventing recovery. N.J.S.A. 48:12-84 generally allows you to assume installed crossing gates, warning lights, and similar safety devices are working properly unless there is reason to believe otherwise. So, you ordinarily are not expected to anticipate that a crossing’s warning system has failed without some indication that something is wrong.
An East Brunswick New Jersey train accident attorney can determine whether these laws apply to your accident and use them to strengthen your liability claim whenever appropriate.
Comparative Negligence Can Affect the Compensation You Recover
Railroad companies frequently argue that the injured person caused or contributed to the accident. Under N.J.S.A. 2A:15-5.1, New Jersey follows a modified comparative negligence rule. You do not automatically lose your right to compensation because you made a mistake. As long as you are not more responsible for the accident than the parties you are suing, you may still recover damages. However, your compensation generally will be reduced by your percentage of fault.
Because even a small percentage of fault can reduce your recovery, an East Brunswick New Jersey train accident attorney works to gather evidence that accurately reflects what happened and challenges unsupported attempts to shift blame onto you.
Responding to Common Railroad Defenses
Railroad companies sometimes argue that an injured person was unlawfully on railroad property. N.J.S.A. 48:12-152 generally prohibits unauthorized entry onto railroad rights-of-way and certain railroad property. However, the law also recognizes important exceptions, including passengers using designated passenger areas and people lawfully using established railroad crossings.
Someone crossing at a public railroad crossing presents a very different legal situation than someone walking along railroad tracks without permission. As a result, a railroad cannot automatically avoid liability simply by claiming the injured person was trespassing.
Special Rules May Apply if a Government Entity Is Involved
Some East Brunswick train accident claims involve a public entity responsible for maintaining railroad crossings, roadways, or public transportation systems. When that happens, the New Jersey Tort Claims Act may apply. Under N.J.S.A. 59:8-8, you generally must serve a Notice of Claim within 90 days after your claim arises before pursuing compensation against a public entity.
Acting Quickly Can Protect Your Legal Rights
Waiting too long after an East Brunswick, New Jersey train accident can make proving liability more difficult because evidence may disappear and witnesses may become harder to locate. New Jersey law also limits the amount of time you generally have to file a personal injury lawsuit. Under N.J.S.A. 2A:14-2(a), most personal injury lawsuits generally must be filed within two years after the claim arises. An East Brunswick New Jersey train accident attorney can determine which deadlines apply and protect your right to pursue compensation.
East Brunswick Train Accident Lawyer
The hardest part of many train accident claims is not proving you were injured—it is proving exactly who should be held legally responsible before critical evidence disappears. Beninato & Matrafajlo Attorneys at Law, LLC has recovered more than $100 million for New Jersey injury victims and has been recognized as a Top 10 Personal Injury Law Firm for 2026. Contact Beninato & Matrafajlo Attorneys at Law, LLC by calling (732) 795-5679 or contacting us online for a free consultation regarding your legal rights and options.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
