If you or a loved one were harmed in a train accident in Georgia, you should speak with a train accident lawyer. They are able to help you make sense of your legal rights and options, including how you could file a powerful insurance claim or lawsuit. Dozier Law has extensive experience helping injured individuals get justice and compensation. We will fight for you. To learn more, get in touch with Dozier Law for a free consultation by calling (888) 239-2129 or contacting us online.
We rely on trains and subway systems for transportation every day. Whether commuting to work or taking an extended trip, we never think of accidents. However, rail accidents do happen, and they have great potential for serious injury. If you are injured in a train accident, you may be entitled to compensation.
Causes Of Train Accidents
According to the Federal Railroad Administration, there were 9,192 accidents in 2021. There are many reasons for train accidents, including:
- Unqualified Staff
- Untrained Staff
- Conductors Under the Influence of Drugs or Alcohol
- Distracted Staff
- Overworked Staff
- Faulty Equipment
Heightened Standard For Trains
Railroads that provide transportation are known as “common carriers.” Common carriers have an extra duty to keep their passengers safe. The carrier is not responsible for preventing all injuries. Still, it must use “extreme care and caution that very careful and thoughtful persons use under the same or similar circumstances.” This duty continues until each passenger has completed their journey and left the premises.
Failure to adhere to this duty may result in legal liability when passengers are injured. If trains and tracks are not regularly inspected and maintained to ensure compliance, the common carrier can be liable for resulting passenger injuries.
In some cases, railroad companies are deemed to have acted negligently and are responsible for the damages caused by conductors or engineers, track laborers, and maintenance teams. Sometimes, train parts manufacturers, other motorists, or even pedestrians may be responsible. Other times, a combination of responsible entities may result in multiple claims for damages.
Damages You Could Recover In A Train Injury Case
Depending on your injuries and work status, you may be eligible for compensation for a variety of issues, including:
- Medical Bills-Both past and future bills are part of your accident damages.
- Pain & Suffering-You can obtain compensation for your physical pain and your loss of enjoyment of life while you are treating your injuries.
- Lost Wages-If you have lost time at work or have work restrictions, you can be compensated for your lost wages. If you sustain permanent injuries and become unable to do your job, you can pursue the difference in your earnings.
- Wrongful Death-Family members can seek compensation for the loss of a loved one, including medical expenses, lost wages, and the emotional loss of their family member. Once your attorneys understand how the accident and your injuries have affected you, they will seek compensation that reflects your losses.
Railroad Accidents Include More Than Train Crashes
The railroad’s duty of care does not end the moment a passenger sets foot off the train. The duty continues until the passenger is entirely off the premises. The areas surrounding the platforms are included as part of the common carrier property. Examples of injuries on the train may include slip and fall accidents on steps, faulty escalators, or hazardous walkways. If you are injured anywhere on the premises of a railroad station, you may be entitled to compensation.
Railroad Employees Injured In Accidents
Georgia workers’ compensation laws do not protect railroad workers injured in train accidents while on duty. Instead, when train workers are hurt, the Federal Employers’ Liability Act, or “FELA,” governs their claims. Unlike workers’ comp claims, you must prove that the railroad company was negligent to win a FELA claim. Examples include lack of maintenance of track and equipment, defective tracks, and lack of training or supervision of employees. However, there are exceptions. MARTA employees who work for regional rail lines can file for workers’ compensation, as MARTA employees are not considered railroad workers under FELA.
Georgia Train Accident Attorney
If you were injured due to a train accident in Georgia, you could consult with a train accident lawyer. They are able to help you understand and make the most of your legal options and rights and how to bring an effective insurance claim or lawsuit. Dozier Law has substantial experience helping injury victims get compensation and justice. We are here when you need us. To get started, contact Dozier Law for a free consultation by calling (888) 239-2129 or contacting us online.