Posted On: May 1, 2008 by Wingate, Russotti & Shapiro

Near Railroad Accident Occurs When Train Doors Malfunction

After yet another malfunction on the New Jersey Transit system where a door opened while the train was moving and passengers were inches away from falling to the tracks below, a rail industry consultant wondered out loud whether New Jersey Transit might be cutting corners on safety and maintenance in its attempt to keep up with record demand.

Several passengers were frightened when the doors opened while the train was moving along the tracks, and Lauren Papapietra, a 21 year-old senior at Monmouth University who works at a public relations firm in Manhattan described the near train accident, “I was scared to death. I kind of trust New Jersey Transit to get me back and forth, and I really hope this doesn’t happen again.” While riders are routinely advised not to stand between cars they sometimes feel the need to do so during rush hour where there is standing room only.

Patrick Reilly, chairman of the United Transportation Union, local 60, which represents the New Jersey Transit’s conductors indicated that the railroad is more interested in keeping ‘on time’ schedules, not safety, and that cars needing maintenance are being put into service instead of staying in the yard and being fixed.

The Federal Railroad Administration does not request information from commuter railroads on reports of doors opening while the train is in motion. Further, the American Public Transportation Association, an industry group who keeps statistics of railroad accident incidents also does not request reports of doors opening.

However, the family of one man has filed a lawsuit against the New Jersey Transit agency after John D’Agostino was caught in a New Jersey Transit train door and subsequently killed after being dragged along the platform at Bradley Beach. The agency fired the two conductors and one engineer who were working the day D’Agostino died, but the engineer was later reinstated.

Finally, last month the New Jersey Transit revised its conductor’s manual –changing several rules regarding how to operate doors on their trains.

Wingate, Russotti & Shapiro has practiced personal injury law in New York since 1990. Devastating injuries can stress individuals and families beyond their ability to cope with not only the pain and medical bills but their ability to fight for their rights. The partners of Wingate, Russotti & Shapiro have decades of experience in the complex area of personal injury law, including the intricate medical, financial and engineering questions that underlie many of our cases. We are proud to represent ordinary people in their fights to hold large, powerful organizations responsible for serious injuries.