If you live in the Atlanta or greater Georgia area, you know what a big part trains play in our culture. From the Beltline to MARTA, trains and train tracks are an integral part of Atlanta’s vibrant cityscape. Unfortunately, trains are also a major cause of injury and death in Georgia. In fact, there are over 300 train accidents in Georgia every year. The majority of these accidents are collisions between cars and trains, however, pedestrians and bicyclists are also fatalities of a significant number of train accidents. Georgia is not alone in facing the consequences of these heightened risks. Studies reflect that in the United States a car or pedestrian is hit by a train every three hours. This is serious, because collisions with trains are so likely to result in fatalities and catastrophic injuries. If you or a loved one have suffered serious harm as the result of a train accident, you may have legal options available to you. The information in this article is intended to be general. However, if you would like personalized feedback based on your specific claim, you are welcome to contact Durham Law Group to schedule a free consultation.
Can I Sue for a Train Accident?
Train accidents can be complicated to litigate, however, it is possible to recover for accidents sustained due to trains, train operators, or strain stations not meeting their required duty of care. Because railroad companies are a form of mass transit, they are held to a higher standard of care than an ordinary motorist. This makes sense, because if the operator of a train carrying thousands of people is negligent, the stakes are much higher than they are for a single motorist. For this reason, while most drivers are held to a standard of ordinary or reasonable care, railroad companies and train operators are held to a standard of extraordinary care. Essentially this means that if an injury or accident occurs, the burden is on the railroad company to demonstrate that they did everything they reasonably could have done to prevent the accident from happening.
Common causes of successful personal injury lawsuits in this area include defective train tracks or other defects or hazards on the train tracks, faulty signals, non-functioning or broken gates or signals, lack of proper safety protocols and precautions, such as honking the horn when approaching a railroad crossing or intersection, carrying excessive cargo or improperly loading cargo, speeding, insufficient training or negligent hiring of the conductor, and other defects or negligent conduct. Improper maintenance of the train, or hazards such as exposed electrical wires, uneven flooring, or spills at the train stations can also result in liability for accidents that occur as a result of these things.
Talk to a Georgia Personal Injury Lawyer
If you have suffered an injury due to railroad company negligence, you do not have to navigate the process alone. The experienced Atlanta personal injury attorneys at Durham Law Group are ready to help. Contact us today to schedule your free consultation and find out how we will fight to get you the maximum amount of compensation that you are entitled to.