The family of the train operator that was killed when a New Jersey Transit River Line train struck a tree in Mansfield Township early Monday has announced that they plan to bring a lawsuit against the transit company, state officials and others following her death.
The crash also injured at least 23 passengers on the morning train traveling through Burlington County on Oct. 14, 2024.
In documents released late Monday night, Kila Baldwin, with Philadelphia-based Anapol Weiss alerted officials with the state of New Jersey, NJ Transit, the Southern New Jersey Rail Group, Alstom Transportation, Burlington County's Board of Commissioners and the Township on Mansfield that the family of train operator Jessica Haley planned to take legal action.
“Her family is obviously claiming that New Jersey Transit and the other related entities, which would be the state and the township, failed to protect the passengers and the conductor on the train by failing to keep the train tracks free of trees or other debris that could impact the train while it’s going at sixty miles an hour," Baldwin told NBC10's Karen Hua on Tuesday morning.
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State officials have not yet confirmed the identify of the train operator that was killed on Monday.
But, according the law firm, Haley -- a 41-year-old mother of three young boys, aged 13, 8 and 6, from Levittown, Pennsylvania -- was killed as she operated an NJ Transit train on the River Line, headed southbound from Trenton at Roebling Station.
Officials have not yet determined how the tree caused the crash -- whether it was on the tracks already or if it fell onto the train.
An expert in railway engineering that spoke to NBC10 on the day of the crash said that, normally, if an object blocks the track – such as a car – it will short a circuit, which sends a warning signal to the train.
But, since wood is not a good conductor of electricity, there was no warning sign during Monday's deadly crash.
Haley was employed by Alstom Transportation -- who contracted with NJ Transit -- for 20 years, her family's attorneys claim.
On Tuesday, in a statement on the pending lawsuit, Haley's attorney said that the fallen train operator's sister, Rebecca, who also works for Alstom Transportation, claims conductors on the River Line trains have "complained for years" about concerns of trees on tracks.
"Jessica Haley’s two sisters, including Rebecca Haley, who will be the administratrix of Jessica's estate, also worked as train conductors on the New Jersey River Line, for Alstom, which contracts with New Jersey Transit," attorney Kila Baldwin said. "Rebecca Haley reports that the trees along this section of the New Jersey River Line were troublesome for years and other trains had hit downed trees in recent years. The train conductors complained for years that something had to be done and even suggested having a track car go down the southbound track where Jessica was killed in advance of any passenger cars traveling that way. At one point, dangerous trees along the railway were marked with X’s, but never taken down. There had been a landslide in that same area recently, and a small retaining wall was put up in one section to prevent debris from falling on the tracks, but many sections of the track, including the one where Jessica was killed, had no protection."
The documents do not provide a total amount that the family is seeking in compensation following Haley's death, but they note that "the amount for pain and suffering is not presently ascertainable."
An NJ Transit spokesperson said Tuesday that the agency declined to comment on pending litigation.
However, Alstom Transportation shared a statement online about the incident, though a spokesperson told NBC10 on Tuesday that they would not comment on pending litigation.
Alstom is devastated to confirm that an employee, a train operator for the River LINE light rail in New Jersey, was killed when the light rail struck a tree on the tracks this morning.
— Alstom USA (@AlstomUSA) October 14, 2024
"Alstom is devastated to confirm that an employee, a train operator for the River LINE light rail in New Jersey, was killed when the light rail struck a tree on the tracks this morning," the company wrote online. "Our prayers are with their family and our thoughts are with the passengers who were injured during this tragic accident. We are offering all of our employees who work for River LINE additional support during this difficult time."
Along with Haley's death, at least 23 passengers were injured in this crash. In an update, Virtua Health said all passengers that were taken there after the crash have been treated and released.
An investigation into the crash, officials have said, was ongoing.
The National Transportation Safety Board (NTSB) was also investigating the crash.
This is a breaking news story. It will be updated as new information becomes available.
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