Georgia Personal Injury Trial Attorneys

Filing Suit After a Train Derailment

By: Fry | Goehring

Train travel can be so relaxing. Unlike the hustle and bustle of airports, it’s relatively easy to book a ticket, climb aboard, and enjoy the scenery while you wait to get to your destination. When you board a train, whether for your daily commute or on a trip, you don’t ever think the worst: that the train will derail.

Train derailments have made the news a lot lately, and they can be a terrifying experience for passengers as well as any drivers who are near the train tracks. Trains can derail for a variety of reasons, whether it’s faulty tracks, obstacles on the track that the conductor didn’t see, faulty or out-of-date equipment, too much weight on the train, or operating the train at an unsafe speed.

If you or a loved one was involved in a train derailment accident, you might be considering filing a lawsuit. Here’s everything you need to know about pursuing this type of litigation.

PURSUING A TRAIN DERAILMENT LAWSUIT: ALL THE DETAILS

There are hundreds of train accidents every year, and the results from the crashes can be devastating. Trains can crash for a variety of reasons, including crashes with other trains or vehicles, mechanical failure, negligent pedestrians, a stalled car, and train derailments. Train derailments have the potential to cause the most damage, injuries, or even deaths in some cases.

Train derailment cases can get complicated because there are usually multiple passengers and multiple responsible parties. Passengers who are filing a lawsuit must prove that the railroad company is at fault because they were negligent due to mechanical failure, conductor error (such as traveling at an unsafe speed or driving while distracted by a cell phone), inspection or maintenance violations, or traveling with too much weight on the train.

Railroads are required to install a black box in most trains, which can recover information about the accident which can be used to evaluate essential data in the event of an accident, such as the speed of the train, whether or not brakes were used, and what direction the train was headed.

Due to the complicated nature of train derailment cases, it’s best if victims or family members of victims trying to pursue a wrongful death case hire an expert legal team. If you or a loved one has suffered severe injuries from a train derailment in Georgia, visit the Fry | Goehring’s website to learn more about how we can assist you during this difficult time.