Train accidents may seem rare, but thousands of people in Georgia have been involved in one in the past ten years alone.
Train accidents can cause serious injuries, which can leave the victims with serious or permanent injuries and can leave the victims and their families devastated. Due to their size and speed, even a minor accident can cause serious injuries to those involved.
These serious injuries can, in turn, lead to long hospital stays and huge hospital bills.
If you or a loved one has been involved in a train or railroad accident, you may be worrying about how you will be able to pay for all the hospital bills, prescriptions, and even your regular bills, especially if you haven’t been able to work after the accident.
However, the good news is that you may be able to obtain compensation for your injuries.
If you aren’t sure where to start, reach out to CEO Lawyer Personal Injury Law Firm. You will have someone working for you, who you can trust is fighting for you every step of the way.
Let one of our experienced personal injury attorneys take care of your legal issues while you focus on resting and recovering from your accident.
When you are ready, contact one of the experienced Atlanta personal injury lawyers at CEO Lawyer Personal Injury Law Firm to schedule your free, no-obligation consultation. One of our attorneys will listen to the details of your case and work to devise an individualized legal plan.
Each strategy is personally designed to give you the best chance at receiving the compensation you deserve after your accident. Schedule your confidential consultation now by completing our contact form.
How Can an Atlanta Train & Railroad Accidents Attorney Help Me?
How Can an Atlanta Train & Railroad Accidents Attorney Help Me?If you have been injured in a train accident that was caused by human error, manufacturer defect, poor maintenance, or other types of legally defined torts, you may be entitled to compensation for your accident.
However, laws around these types of cases can be complex and difficult to figure out. Hiring an experienced Atlanta train and railroad accident attorney can help lead you through the entire legal process, from start to finish.
An experienced attorney from CEO Lawyer Personal Injury Law Firm can help you in many ways. Our attorneys give you the best chance of being able to receive the compensation you need to help rebuild your life after the accident.
For instance, hiring an attorney who is knowledgeable about the laws surrounding train and railroad accidents as well as experience with these case types means they can provide you with a customized legal strategy.
Additionally, our Atlanta train and railroad accident attorneys have access to key resources and experts, all of which they can rely on when devising a legal strategy. This approach gives you the best chance of receiving compensation for your pain and suffering.
For instance, in order to help prove your case, our attorneys may use accident reconstruction technology or may draw on the testimony of expert witnesses to provide strong evidence to support your claim.
Finally, an experienced train accident attorney in Atlanta will be able to help you navigate the insurance claims process.
Not only can your attorney speak to the insurance company on your behalf, but they can also receive any settlement offers the insurance company may send and help advise you on your options.
Having a legal expert on your side during these trying times is essential to helping you have the best chance of being financially prepared to deal with the fallout of the accident.
What Are the Most Common Types of Train & Railroad Accidents?
Due to the size and speed of trains, even “mild” accidents can still cause catastrophic injuries or damage.
Some common examples of train and railroad accidents are outlined below.
Derailment
A train derailment occurs when either part of all of a train comes off of its track. Though there are instances when it would be considered a minor accident, train derailments can have major impacts, involving serious injury and even death to those on board.
Track Defects
As much of the infrastructure in our country grows older, the chance that tracks are not maintained according to code increases. If a track has not been well maintained, it can cause instances of derailments or other major accidents.
Fires
Trains can be used to transport people or goods, and they are often used to transport chemicals, many of which are flammable. These chemicals can ignite easily, resulting in a fire that could have catastrophic consequences.
Further, the spilled or burned chemicals can contaminate communities and trigger toxic illnesses in residents.
Crossing Accidents
These accidents take place at railroad crossings when cars, trucks, or other vehicles collide with a passing train.
Equipment Failures
If important equipment on the train malfunctions or fails altogether, serious accidents or collisions can occur. For instance, if the brakes on the train are not functioning properly, the chances of a serious collision are exponentially increased.
Hazardous Substance Exposure
Unfortunately, these types of accidents have been heavily featured on the news recently. As evidenced by the train accident in East Palestine, Ohio, in early 2023, trains do not have to be carrying passengers in order for a crash to be dangerous to those around it.
If a train is carrying hazardous materials and is involved in an accident, the potential for harm is very high.
From an increased chance of health risks to decreased property value due to proximity to the crash site, there are long-ranging effects from a train and railroad accident involving hazardous materials.
What Are the Most Common Causes of Train & Railroad Accidents?
Just as there are many different functions of trains, there are many different causes of train and railroad accidents. Some of the most common causes of train and railroad accidents are listed below.
Operator Negligence
Train accidents can occur because of negligence on the part of the train operator. If the conductor is driving the train while distracted, fatigued, or intoxicated, it can lead to serious accidents.
If the operator fails to pay attention to speed limitations, ignores traffic signals, or operates in a way that is inconsistent with safety protocols, they, along with several other parties, could be held liable for the accident.
Equipment Malfunction
Equipment malfunctioning is a common cause of many transportation accidents, including trains and railroads. Whether the culprit is worn-out brakes, faulty wiring, or a lack of track maintenance, the result is largely the same: dangerous and expensive accidents.
Human Error
As with many accidents, human error is a common factor that leads to train and railroad accidents.
Whether the error is due to a lack of training, miscommunication between relevant parties, or even just a misunderstanding of safety protocols, the result can be a deadly and costly accident.
Pedestrian or Driver Error
Vehicles or people crossing the railroad tracks trying to cross through a blocked or open crossing and “beat” an oncoming train can also cause train accidents.
Lack of Upkeep/Maintenance
Trains are complex, big, and fast machines that require regular maintenance to stay in good working condition. However, this maintenance can be expensive, and train companies may try to cut corners and skirt safety regulations in order to maximize their profits.
Additionally, if the tracks are not well-maintained, they pose a threat, even if the trains are in good working order and are being used as they are meant to be.
This list is by no means exhaustive, and the fact of the matter is that when you are carrying heavy loads at high speeds, any breakdown in the system may cause an accident.
If you have been a victim in a train and railroad accident, you may be entitled to compensation from the responsible party. Contact an experienced Atlanta train and railroad accident lawyer at CEO Lawyer Personal Injury Law Firm to get started on your free case review.
Who Can Be Held Liable in a Train and Railroad Accident?
When trying to determine liability in a train and railroad accident case, there are many facets to consider.
A knowledgeable train and railroad accident attorney can look at your case, find all the possible responsible party(s) for the accident, help you know your rights, and help you determine what claims you can file.
When trying to figure out if the railroad can be held liable for the accident, it depends on the type of train. There are two main categories of trains: common carrier trains and non-common carrier trains.
Common carrier trains are owned by a transportation company and are used by the public as a source of transportation. In Atlanta, MARTA and Amtrak are examples of common carrier trains.
Since these trains are involved in the transport of passengers, they are subject to different safety standards and regulations than trains that do not transport people.
In accident cases involving common carrier trains, the transportation company can be held liable if it violates its safety regulations.
Non-common carrier trains are privately owned and typically do not transport passengers but rather goods or freight. If an accident occurs involving a non-common carrier train, many parties may be held liable, including those responsible for the maintenance of the engine, track, or car.
In a train accident, it may be difficult to determine where the fault lies. In addition to the companies, other parties may hold some liability for the accident, including the train operator, local municipalities or government agencies, and even maintenance crews and contractors.
As train accidents can be a complicated situation, hiring an experienced train and railroad accident lawyer will give you the best chance at ensuring that all liable parties are held responsible for their part in your accident.
A good attorney will give you the best chance of making a successful claim you deserve to rebuild your life after the accident.
What Damages Can Be Sought in a Train and Railroad Accident Case?
If you have been involved in a train and railroad accident, chances are that your life has been majorly affected by this incident. As such, you may be entitled to compensation for the damages that you’ve suffered as a result of the accident.
An experienced lawyer will be able to look at your case and help walk you through the different types of damages for which you may be eligible. Some common damages include:
- Medical Expenses — If you have been severely injured in a train accident, you can seek compensation to cover your hospital bills, doctor visits, physical therapy, prescriptions, and future medical needs related to the train incident.
- Lost Wages — If you have been in an accident and have not been able to work because of it, you can seek compensation to help cover the amount of time that you were out of work. Additionally, if you aren’t able to work again or work in the same capacity, you can also seek compensation for the permanent reduction in earnings.
- Pain and Suffering — You can seek compensation for the horrible situation the accident has put you in; pain and suffering compensation can cover both physical and emotional effects.
- Loss of Consortium — If your spouse was injured or killed in a train accident, and they will no longer be able to provide companionship or care in the same way as before the accident, you can seek compensation for loss of consortium.
- Punitive Damages — Punitive damages may be available to you if it is clear that negligence or harmful intent was evident in your case. In order to be awarded punitive damages, your case would need to be tried in front of a jury.
Contact an Experienced Atlanta Train and Railroad Accident Law Firm Today
If you or a loved one has been involved in a train and railroad accident and you are feeling lost about what to do, reach out to an experienced Atlanta train and railroad accident attorney today.
Allow one of the compassionate attorneys from CEO Lawyer Personal Injury Law Firm to take all the stress and guesswork out of what to do during this trying time. Let us focus on fighting for you while you focus on healing and moving forward from your accident.
When you feel ready, contact us to set up your free, no-obligation consultation, where we will listen to the details of your case and work to come up with a legal strategy that gives you the best chance of receiving the compensation you need.
Your confidential consultation is the first step that you can take for yourself and your family to give you the best chance at healing and moving on from your accident.
Schedule your consultation now by completing the contact form on this page or dial (404) 777-8800. We look forward to hearing from you!
