The family of the NJ Transit train operator killed in Monday's River Line crash has hired a lawyer and intends to file a wrongful lawsuit against the state-owned transit corporation.
Jessica Haley, 41, died when the train collided with downed trees in Mansfield Township, Burlington County. There were no other fatalities. Of the 42 passengers on board, 23 suffered non-life-threatening injuries, NJ Transit said.
MORE: Woman in wheelchair killed in hit-and-run crash in Fairmount Park
Haley, of Levittown, Bucks County, was a single mother with three children and worked for Alstom Transportation, which contracted with NJ Transit, for 20 years, said the family's attorney, Kila Baldwin of the law firm Anapol Weiss.
"I have been retained by Jessica Haley's family to represent them, and while the family is in the process of formally raising the estate, we have served the notice of our intent to file a tort claims act on the State of NJ, New Jersey Transit, New Jersey Transit Rail Operations, Southern JJ Rail Group, Alstom, Burlington County Board of Commissioners, and Township of Mansfield," Baldwin said in a statement.
NJ Transit said it does not comment on pending litigation and has not confirmed the identity of the train operator who was killed.
The National Transportation Safety Board is investigating the crash and plans to issue a preliminary report in about 30 days, the Inquirer reported. The crash happened just north of Roebling Station in Burlington County shortly after 6 a.m. Monday.
Baldwin said "the failure of the responsible parties to inspect these tracks and keep them clear" led to Haley's death. Baldwin said Haley's family "intends to pursue this matter to the fullest extent of the law."
Haley's sister Rebecca Haley, who worked as a train conductor on the River Line, claims the trees in the area where the crash occurred were "troublesome for years" and that sections of the track had no protection from debris, Baldwin said.
Baldwin's law firm has requested that communications and evidence tied to the crash be preserved, including surveillance footage, maintenance records and the train's current state.
"The total amount of damages is not known at this time, as the amount for pain and suffering is not presently ascertainable," the tort claim notice says.
Under New Jersey law, the state or a state-run entity cannot be sued without serving notice. A lawsuit can be filed 90 days after notice is served.
River Line service is operating between Florence Station in Burlington County and the Entertainment Center in Camden, but it remains suspended between Florence Station and the Trenton Transit Center. It has been replaced by bus service.