Train Accident
Fry | Goehring successfully helps the injured recover the compensation they deserve.
Cases We Handle
Personal Injury
Trust in Our Team of Train Accident Lawyers
While train accidents are much less common than car, truck, or motorcycle accidents, when they do occur, they pose a significant danger to anyone and anything nearby. According to the Federal Railroad Administration (FRA), 98 train collisions took place in Georgia in 2022. These collisions resulted in two fatalities and 24 injuries. These figures include collisions that harm:
- Railway workers
- Onboard passengers
- Nearby pedestrians
- Occupants of nearby vehicles at railroad crossings
Even minor train collisions or derailments can cause permanent disabilities that need lifelong care. This shows the devastating impact on victims and their families. If you or a loved one have been injured in a train accident in Atlanta or anywhere in Georgia, you are not alone. Our experienced Atlanta train accident lawyers are here to help.
In Atlanta, Fry | Goehring is the law firm people trust for strong representation during physical, emotional, and financial distress after a train accident. Our railroad injury attorneys in Atlanta advocate for clients injured in all types of train accidents, including families devastated by fatalities caused by trains. Call (404) 969-1284 or fill out our contact form to schedule a free consultation.
Train Accident Causes in Georgia
Train accidents in Georgia pose significant frustration to victims and their loved ones because they are almost always the result of at least one party’s negligence. Train operators like Amtrak and MARTA owe their passengers the highest degree of care. Furthermore, they must adhere to safety regulations put in place by the FRA. When they fail to fulfill these safety standards, there are devastating consequences, especially for unfortunate victims.
Train collisions and derailments, like car accidents, happen for various reasons. The most common include:
- Train truck defects
- Excessive train speed
- Defective gates and signals
- Brake failures
- Defective train equipment
- Hazards on the train track
- Excessive cargo weight
- Violation of safety laws, rules, or regulations
- Employee error
- Poorly maintained crossings
- Outdated technology
- Failure to sound a warning
- Fatigued or intoxicated railroad conductor or railroad crew
- Motorist recklessness or negligence
Common Injuries Seen in Train Accidents
Trains are massive machines weighing hundreds of tons that travel at high speeds. When they derail or collide, the force can cause severe damage and injuries. They lack the agility of smaller vehicles, taking up to a mile to slow down, complicating collision avoidance. Furthermore, the potential presence of hazardous materials heightens the risks of train accidents.
Common injuries that people suffer in train accidents include:
- Brain injuries
- Amputations
- Internal injuries
- Neck and spinal cord injuries causing paralysis
- Fractured or crushed bones
- Severe burns, scarring, or disfigurement
- Significant abrasions or lacerations
Potentially Responsible Parties in a Train Accident
When your life has been upended by a train accident, it’s natural to wonder who’s responsible. So, is the railroad liable for your accident? What if an intoxicated conductor was to blame for the accident? Is the conductor liable? After a train accident in Atlanta, GA, many factors could determine who is liable for the accident. While some accidents may be caused by the negligence of a single person or entity, in most cases, there are multiple parties responsible, some of whom might include:
Train Operator (Company or Government Agency)
The company or government entity that operates the train is responsible for keeping trains, tracks, rail cars, signals, and other equipment working correctly. They are legally obligated to train and supervise employees, including conductors and engineers, to do their jobs correctly.
Track Owner
Different companies and government agencies own and control different sections of the railway track in Atlanta. The entity that owns or manages the section of the track where your accident happened could be liable if their negligence contributed to it.
Manufacturer
If defective equipment, such as faulty signals, caused the train accident, the manufacturer of the defective part could be liable for the resulting damages.
Driver of a Car
If the train accident involved a car on the tracks, the driver of the vehicle could be liable.
Damages Victims Can Recover in Train Accident Cases
If you are injured in an Atlanta train accident and can demonstrate that the negligence of another individual or entity contributed to the accident, you may be able to collect damages for:
- Medical expenses, including surgeries, home health care costs, health screenings, assistive devices, medications, hospital visits, and therapies.
- Lost wages and future earnings if the injury forced you to take time off work.
- The pain and suffering endured because of the injuries suffered due to the accident.
- Wrongful death damages may be awarded to the surviving family members of victims who lose their lives due to train accident injuries.
Furthermore, the courts may grant punitive damages if the negligent party’s actions were exceptionally egregious or malicious. While this monetary compensation cannot reverse an injury or loss, it can assist you in maintaining financial stability as you rebuild your life.
Fry | Goehring Representing Injured Railroad Workers and FELA Claims in Atlanta, GA
What happens when a railroad employee is injured in a train accident? Railroad employees in Atlanta generally cannot receive workers’ compensation benefits like most Georgia workers. Instead, they must file a claim under the Federal Employees Liability Act (FELA).
Unlike a no-fault workers’ compensation claims, a FELA lawsuit must demonstrate that the railroad’s negligence led to the accident and the worker’s injuries. At Fry | Goehring, our Atlanta train accident lawyers assist injured railroad workers and their families in obtaining fair compensation for injuries and fatalities that occur while on the job. Whether you work at a switching station or in an office, we are here to help.
A Thorough Understanding of the Law
At Fry | Goehring, we possess a deep understanding of this legal domain. We are well-versed in the diverse Georgia statutes that regulate railroad systems and the potential challenges you might encounter when dealing with insurance companies. We have helped many individuals in Atlanta recover from different types of train accidents, including those involving:
- Derailments: Train derailments result in the most extensive damage, and they typically occur when those responsible for safety neglect to adhere to safety regulations.
- Collisions: Some train accidents occur when trains collide with other trains or encounter obstacles on railway tracks.
- Railroad crossing accidents: Railroad crossing accidents occur when vehicles or pedestrians attempt to cross railway tracks without ensuring the path is clear, often due to negligence or a lack of awareness.
- Non-collision accidents, such as slip-and-fall incidents: Other train accidents can occur without derailments or collisions. For instance, oncoming trains may injure pedestrians who unintentionally fall from platforms.
Call an Atlanta Train Accident Lawyer About Your Case
Due to the immense size and significant power of trains, incidents involving them often result in tragic outcomes, including catastrophic injuries and, unfortunately, fatalities for those involved.
At Fry | Goehring, our Atlanta train injury lawyers boast over 20 years of experience with personal injury cases involving entities like Amtrak. We advocate for innocent people and their families. Our legal team dedicates time to understand the accident’s impact on clients. If something was amiss on the day of the accident, we will uncover it and help hold the responsible parties accountable.
For experienced representation in your railroad accident case, contact the skilled train accident lawyers at Fry | Goehring to schedule your free case review. You may also call (404) 969-1284.
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