Victims injured by NJ Transit buses or trains may have the right to bring a lawsuit. That right depends on the location of the accident and the procedures followed after the incident. If the injury occurred within New Jersey, state law allows claims under specific rules. When the accident happens in another state, the ability to sue becomes uncertain.

The U.S. Supreme Court is scheduled to take up the question in its October 2025 term: Can New Jersey Transit avoid lawsuits brought against it in other states? Courts in Pennsylvania and New York have reached opposite conclusions on the issue, and the justices have agreed to settle the conflict in the coming session.

Supreme Court to Decide If NJ Transit Can Be Sued Outside New Jersey

New Jersey Transit is at the center of a legal battle that could reshape how public transportation agencies face civil lawsuits beyond their home state. Two individuals filed injury claims after separate bus-related incidents in Pennsylvania and New York. Each alleges that NJ Transit acted negligently during routine service that extended across state borders.

In both cases, the agency responded by claiming it cannot be sued outside of New Jersey. NJ Transit’s legal team argued that it functions as part of the state government and is therefore protected by sovereign immunity. That doctrine, rooted in the Eleventh Amendment, generally prevents one state from being sued in another state’s courts without its approval.

The two courts reviewing the cases reached different conclusions. In Pennsylvania, the judges agreed with NJ Transit and ruled that the agency should be treated as an arm of the state. The lawsuit was dismissed. New York’s highest court came to the opposite result. Judges there found that NJ Transit operates with sufficient independence to face legal action in another state’s courts and allowed the case to proceed.

These opposing rulings created a direct conflict in how courts apply sovereign immunity to multi-state public agencies. The U.S. Supreme Court agreed to hear both cases together during its October 2025 term. The decision is expected to clarify whether an agency like NJ Transit can be held legally responsible in the state where an injury occurs, or only in the state where it was created.

Galette v. New Jersey Transit Corp.: Pennsylvania Courts Grant Immunity

In one of the lawsuits, the victim was injured while riding in a stationary vehicle that was struck by a New Jersey Transit bus in Philadelphia. The individual filed suit in the Pennsylvania state court. NJ Transit argued that it could not be sued in Pennsylvania because it functioned as an arm of the State of New Jersey.

The Pennsylvania Superior Court agreed and dismissed the case. Judges applied a six-part legal test used in sovereign immunity cases. Their analysis focused on the degree of control New Jersey exercises over the agency. Factors included the state’s appointment of the agency’s board members, the required approval of capital plans, and receipt of direct state funding.

Although the agency generates its own revenue and manages its daily operations, the court concluded that these features did not outweigh the state’s financial and political oversight. The agency qualified as an extension of the state for Eleventh Amendment purposes. The victim was unable to pursue a claim in Pennsylvania courts.

Colt v. New Jersey Transit Corp.: New York Court Rejects Immunity Defense

In Manhattan, a pedestrian was seriously injured after being struck by a New Jersey Transit bus while crossing the street. The bus was operating on its usual route between New Jersey and New York. Following the incident, the injured party brought a negligence lawsuit in New York state court, seeking damages for the harm caused.

The transit agency responded by claiming it could not be sued in New York, citing sovereign immunity as a defense. That argument did not hold. The New York Court of Appeals reviewed the agency’s structure and financial operations and found that it did not meet the legal standard for immunity as an “arm of the state.”

Key to the court’s decision was how NJ Transit operates. It collects its own revenue, manages an independent budget, and is legally responsible for its debts and obligations. The judges also noted that New Jersey law explicitly shields the state treasury from paying for any judgments against the agency.

Given that NJ Transit runs buses and trains into New York every day, the court saw no legal or practical reason to bar the case. The victim’s claim was allowed to proceed in the New York court.

How the Supreme Court Decision Could Affect Transit Injury Claims

A ruling in favor of NJ Transit would block many lawsuits filed outside New Jersey. Injured individuals in Pennsylvania or New York would have to bring their claims in New Jersey, even if the harm occurred elsewhere. The additional burden of litigating in a foreign state may deter the presentation of valid claims. That outcome would disproportionately affect South Jersey residents who commute across state lines every day.

New Jersey Transit operates throughout the region, including in Camden, Philadelphia, and New York City (Manhattan). Injuries often occur during routine interstate trips. If sovereign immunity applies outside the state, victims may lose access to local courts entirely.

Several state attorneys general have filed briefs in support of NJ Transit. They argue that only the home state should decide whether and how its agencies can be sued. Others say that agencies operating across borders should be held accountable in the countries where they cause harm.

Filing a Personal Injury Claim Against NJ Transit in New Jersey

The New Jersey Tort Claims Act governs claims against NJ Transit for incidents within New Jersey. That law sets specific procedural rules. A valid claim must include:

• Timely filing of a Notice of Claim within 90 days of the incident;
• Proof of negligent conduct by an NJ Transit employee; and
• Evidence that the injuries meet a minimum threshold of severity.

Missing the 90-day deadline results in an automatic bar to recovery. Courts enforce this deadline strictly. Many claims are dismissed before reaching trial due to technical errors or untimely filings.

The agency regularly raises defenses based on notice, jurisdiction, and statutory immunities. Public entities in New Jersey do not enjoy blanket protection from lawsuits, but the burden placed on victims to comply with procedural steps is substantial.

What to Expect When Pursuing a Transit Injury Claim

Filing a claim against a public transportation agency like NJ Transit involves strict rules and short deadlines. State laws do not give injured individuals much time to act, and missing a single step early on can prevent a case from reaching a courtroom.

After an accident, it is essential to gather key evidence immediately. This often includes surveillance footage, maintenance logs, operator reports, and GPS data. Most of these records are under the agency’s control, and they may not be preserved unless someone takes immediate legal steps to request them.

Legal teams handling these cases must also prepare for procedural defenses. NJ Transit may argue that the case was filed too late, in the wrong venue, or that the agency cannot be sued at all due to sovereign immunity. Attorneys must know how to interpret the Tort Claims Act and apply it to situations involving government-operated transit systems.

Submitting the required Notice of Claim is just the beginning. From there, the process often involves motions to dismiss, jurisdictional disputes, and multiple layers of legal review. Injury victims benefit from working with counsel who understand how to move quickly and anticipate the challenges that public entities are known to raise.

Get Help After a NJ Transit Bus or Train Accident

Victims injured by NJ Transit vehicles have a limited window to protect their rights. Claims may be barred by time limits or dismissed if filed in the wrong court. Pending legal decisions may also shift where and how claims can be brought. These cases involve high stakes and strict rules.

Call 856.249.9288 to speak with a personal injury attorney at Petrillo & Goldberg. Our legal team represents individuals injured by public transportation and understands the procedures required to file claims against NJ Transit. Immediate action preserves your right to seek compensation.