The victim's sister and fellow train operator says tree along NJ Transit River Line route has been an issue for years
MANSFIELD TWP., New Jersey -- The family of the New Jersey Transit operator who was killed in Monday's train accident plans to take legal action after the deadly incident.
The victim has been identified as Jessica Haley, a single mother of three boys from Levittown, Pennsylvania, according to Kila Baldwin, the attorney retained to represent the family.
"The family is understandably devastated and intends to pursue this matter to the fullest extent of the law to prevent anyone from ever suffering the same fate," Baldwin said in a statement on behalf of the family.
The victim's sister and fellow train operator, Rebecca Haley, says trees along the NJ Transit River Line route have been an issue for years, adding that "other trains had hit downed trees in recent years."
The accident happened just after 6 a.m. on Monday on the New Jersey River Line Light Rail track near US 130.
The train was traveling southbound from Trenton when it struck a tree just north of Roebling Station.
Haley was killed and 23 passengers were injured. The injured passengers are all expected to be okay.
In the statement, Baldwin said they intend to file a tort claims act (FTCA). An FTCA allows people to file claims against the federal government in cases, such as wrongful death.
Baldwin said they are filing the FTCA against New Jersey Transit, as well as several other entities, for "failure of the responsible parties to inspect these tracks and keep them clear."
ABC Philadelphia affiliate WPVI reached out to NJ Transit for comment but have not yet heard back.
"It is the duty of all companies who operate trains to ensure the tracks are clear for the safety of everyone on those trains, including the operators of the trains, like Ms. Haley," Baldwin said. "This never should have happened, and we will be investigating the case carefully to hold all responsible parties accountable."
The family attorney claims that at one point, trees that were allegedly deemed "dangerous" along the route were marked with an "X" but were never taken down. Baldwin also claims that there had been a landslide in the area near the crash recently and that a "small retaining wall" was built in a section to "prevent debris from falling on the track." However, Baldwin noted that the specific section where the accident occurred had "no protection."
New Jersey Transit Police are investigating.