The victim has been identified as 41-year-old Jessica Haley, a single mother of three boys from Levittown, Pennsylvania, according to Kila Baldwin, the attorney retained to represent the family.
Her sons are 13, 8, and 6.
"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.
Haley worked for Alstom Transportation, as did her sister Rebecca.
Baldwin says trees along the NJ Transit River Line route have been an issue for years.
"There have been trains in recent years that have hit trees, albeit smaller ones," Baldwin said in an interview with Action News. "At one point some of the dangerous trees were marked with X's but they were never taken down or trimmed."
She said train operators made a suggestion to their supervisors about early-morning trains.
"That they run a track car along the railway first to make sure that it cleared off any debris or trees that might be down," said Baldwin. "And obviously that wasn't done here."
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.
Chopper 6 flew overhead the scene shortly after the crash, where a large piece of a tree could be seen under the front of the train.
Operator killed, 23 others injured after NJ Transit train strikes fallen tree in Mansfield Twp.
Haley was killed and 23 passengers were injured. The injured passengers are all expected to be okay.
Service on the River Line resumed Tuesday afternoon. The Action Cam was there as passengers boarded trains again at the Roebling Station.
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, Alstom Transportation, as well as several other entities, for "failure of the responsible parties to inspect these tracks and keep them clear."
Action News has reached out to NJ Transit for comment but we have not yet heard back. Alstom Transportation said it is offering support for its employees.
"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."
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.