Train Accident
Fry | Goehring successfully helps the injured recover the compensation they deserve.
Cases We Handle
Personal Injury
Train Accident Lawyers in Atlanta
While train accidents are far less common than car, truck, or motorcycle accidents, when they happen, they represent a massive danger to anything and anyone close by. According to the Federal Railroad Administration (FRA), 98 train collisions occurred in Georgia in 2022. These collisions resulted in two deaths and 24 injuries. These figures include collisions that harm:
- Railway workers
- Onboard passengers
- Nearby pedestrians
- Occupants of nearby vehicles at railroad crossings
Even a seemingly minor train collision or derailment can cause permanent disabilities that require lifelong medical care. This illustrates the devastating impact of train accidents on those directly affected and their loved ones. If you or a loved one have been injured in a train collision or derailment in Atlanta or anywhere in Georgia, you are not alone. Our skilled Atlanta train accident lawyers can help.
In Atlanta, Fry | Goehring is the law firm people trust for robust representation during physical, emotional, and financial suffering after a train accident. Our train accident attorneys in Atlanta represent clients injured in all types of train accidents, including families devastated by deaths 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- Outdated technology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, powerful machines that can weigh hundreds of tons and travel at high speeds. As a result, when trains derail or are involved in collisions, the immense force generated can lead to catastrophic damage and debilitating injuries. Additionally, they lack the agility of smaller vehicles and can take up to a mile to slow down, making it challenging to avoid collisions or obstacles. These factors and the potential presence of hazardous materials on board contribute to the heightened danger associated with 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 sustains injuries in a train accident? Typically, employees of interstate railroad companies in Atlanta are not eligible to receive workers’ compensation benefits like most other workers in Georgia. Instead, railroad workers who sustain injuries while on the job need to file a claim under the Federal Employees Liability Act (FELA).
Unlike a no-fault workers’ compensation claim, a FELA lawsuit must show that the railroad’s negligence caused the accident and the worker’s injuries. At Fry | Goehring, our Atlanta train accident lawyers help injured railroad workers and their families obtain fair compensation for injuries and deaths that occur while on the job. Whether you work at a switching station or in an office, we can 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
Because of the immense size and formidable power of trains, incidents involving them often have tragic outcomes, including catastrophic injuries and, tragically, fatalities for those involved.
At Fry | Goehring, our Atlanta train accident lawyers have over 20 years of experience handling personal injury cases involving public entities such as Amtrak. We will not allow innocent people and their families to suffer without help. Our legal team invests the necessary time to thoroughly comprehend the accident and its impact on our clients and their loved ones. If something was not right on the day of the train accident, our legal team will find out and help you hold the responsible parties accountable.
For experienced representation in your train accident case, contact the Atlanta train accident lawyers at Fry | Goehring to schedule your free case review by calling 404-969-1284.
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