Helping Georgians Recover From Train Crashes
Were you injured in a railway accident caused by human error, manufacturer defect, or poor maintenance in Atlanta? Are you a railroad worker hurt on the job? We can help. With over forty years of experience, our FELA (Federal Employees Liability Act) and personal injury attorneys can help you recover compensation for medical expenses, funeral costs, emotional distress, and other losses. We offer free case reviews, and we won’t charge you unless we win on your behalf. Call 1-800-738-WE-WIN to schedule your free consultation today.
Causes of Train Accidents
According to the National Transportation Safety board, there were 761 fatalities caused by railway accidents in 2017 alone. The U.S. Department of Transportation groups the causes of train crashes into five major categories: human factors, track and structures, equipment, signal and train control, and miscellaneous. Of these categories, human factors and track/structures were the most prevalent.
There are over 250,000 highway-rail grade crossings throughout the United States. About 96% of train accidents occur at these dangerous intersections. States are responsible for evaluating the risks at grade crossings and prioritizing them for improvement. The state highway authority, not railroads, decides whether to install warning devices at these crossings and what type of devices should be installed. Still, close to 25% of railroad crossings remain unprotected.
Navigating Common Carrier Laws in Atlanta
Vehicles that provide mass transportation as a paid service such as MARTA and Amtrak are known as common carriers. Common carriers owe a higher duty of care to passengers, pedestrians, and other motorists than other non-commercial drivers. This means trains, tracks, crossings, and equipment must be inspected and maintained, potential hazards must be identified and controlled, the hiring and training of employees and train conductors must be done with care, and steps must be taken to reasonably protect train passengers.
Because of complicated laws and the variety of entities involved, determining fault after a train accident can be challenging. 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 and even other motorists or pedestrians may be responsible. Other times, a combination of responsible entities may result in multiple claims for damages.
We will help you to determine the party at fault for your injuries, whether it’s the rail company, manufacturer, or another motorist, and we’ll seek compensation for your trauma from all responsible parties.
FELA Attorneys for On-Duty Railroad Injuries
Railroad workers who are injured in train accidents while on duty are not protected by Georgia workers’ compensation laws. Instead, when train workers are hurt, the Federal Employers’ Liability Act, or “FELA,” governs their claims. Unlike with workers’ comp claims, to win a FELA claim you must prove that the railroad company’s negligence caused or contributed to the incident that caused your injuries. Common types of negligence that cause train worker injuries include: