Every year, train accidents in Atlanta and throughout Georgia leave victims with serious injuries and financial turmoil. Whether an accident involves MARTA, Amtrak, or a freight train, these cases require a thorough knowledge of state and federal transportation laws.
At Bayuk Pratt, our attorneys bring unique insight from their experience of working at some of the nation’s largest insurance defense law firms. We know how train companies and insurers try to minimize or deny valid claims.
Our experience on both sides of train accident litigation helps us build more robust cases for our clients. Our results include over $300 million in compensation for accident victims across Georgia. The enthusiastic testimonials from previous clients prove our commitment to excellence. If you or a family member has suffered injuries in a train accident, contact us today for a free consultation to discuss your legal options with an Atlanta train accident lawyer.
What Causes Atlanta Train Accidents?
Train accidents can occur for many different reasons. Some of the most common causes include the following:
- Equipment failure — Malfunctioning brakes, signals, or track components can lead to devastating accidents.
- Operator error — Poor judgment, fatigue, or distraction can result in collisions or derailments.
- Inadequate maintenance — Failing to properly inspect and maintain trains, tracks, and safety equipment creates dangerous conditions.
- Unsafe boarding areas — Poorly maintained stations, platforms, and crossing areas put passengers at risk.
- Signal and track defects — Problems with signals, switches, or track alignment can cause trains to collide or derail.
- Security issues — Insufficient security measures at stations and platforms can lead to passenger injuries.
What Are the Most Common Injuries in an Atlanta Train Accident?
Train accidents often result in catastrophic injuries due to the massive size and force involved. Common injuries include the following:
- Traumatic brain injuries — From mild concussions to severe cognitive impairment.
- Spinal cord injuries — including partial or complete paralysis.
- Bone fractures — Often requiring surgery and extensive rehabilitation.
- Internal injuries — Damage to vital organs that might not be immediately apparent,
- Crush injuries — When passengers become trapped during derailments or collisions.
- Severe burns — From fires to electrical accidents.
- Soft tissue injuries — Including severe sprains, strains, and tears.
Many train accident victims face lengthy recovery periods, significant medical expenses, and lost wages during their recovery. Some injuries result in permanent disability requiring lifelong care and accommodation.
How Do You Prove Who Is Liable for the Train Accident?
Determining liability in train accidents requires thorough investigation and a deep understanding of transportation regulations. Our background helps us know exactly what evidence to gather and how to build a compelling case. The following evidence may play a role:
- Maintenance and inspection records
- Train operator logs and employment records
- Surveillance footage from stations and crossings
- Event data recorder information
- Witness statements
- Expert analysis of accident scene evidence
- Safety violation documentation.
Will the Train Operator Always Be Considered At Fault for the Accident?
Train operators must exercise extraordinary care to protect passengers’ safety. However, they are not automatically liable for every accident. The following parties could share responsibility:
- Train company or transit authority
- Track maintenance contractors
- Equipment manufacturers
- Other vehicles involved in the accident
- Property owners near railroad crossings
- Government entities responsible for designing safe crossings.
Our experience defending transportation companies gives us unique insight into how liability is assigned in these complex cases. We thoroughly investigate every source of compensation for our clients.
What Sort of Compensation Might Be Available for an Atlanta Train Accident Lawsuit?
Train accident victims may be entitled to the following types of compensation:
- Medical expenses — Including current and future treatment costs, rehabilitation, and necessary medical equipment.
- Lost income — Both immediate lost wages and reduced future earning capacity.
- Physical pain — Compensation for the physical suffering caused by injuries.
- Emotional distress — Mental anguish and psychological trauma from the accident.
- Loss of quality of life — When injuries prevent victims from enjoying previous activities and lifestyle.
- Property loss — Replacement or repair of personal items damaged in the accident.
For families who lose loved ones in fatal train accidents, additional compensation may be available through wrongful death claims. You may be eligible to recover compensation for funeral expenses, lost income for dependents, and loss of companionship.
At Bayuk Pratt, we work with medical experts, economists, and life-care planners to accurately calculate the full value of our clients’ current and future losses.
What Is the Statute of Limitations for an Atlanta Train Accident Claim?
Train accident cases involve strict deadlines that can vary depending on who operated the train. Georgia law generally allows two years from the accident date for accidents involving private companies to file a lawsuit. However, cases against MARTA or other government entities involve additional steps and shorter timeframes.
If MARTA is involved, you must file a written notice of your claim within six months of the accident. Failing to meet this deadline could prevent you from recovering any compensation, regardless of how severe your injuries are.
Federal employees injured in train accidents must follow specific procedures under the Federal Employees Liability Act (FELA), which has its own filing requirements and deadlines. Cases against Amtrak or the federal government may be subject to a two-year deadline under federal law.
Given these complex timing requirements, we recommend contacting an attorney immediately after a train accident to protect your legal rights.
Contact an Atlanta Train Accident Lawyer
After a serious train accident, you need attorneys who understand how transportation companies and their insurers operate. At Bayuk Pratt, we use our 50-plus years of combined legal experience and insider knowledge from our years defending major corporations to fight for accident victims. We know how to counter their tactics and maximize claims. Let us use this knowledge to help you.
Our attorneys prepare every case like it will go to trial. We gather extensive medical documentation, expert opinions, and compelling evidence. When insurance companies refuse fair settlements, we are fully prepared to take the case before a jury.
Contact Bayuk Pratt today for a free consultation to discuss your train accident claim and learn how we can help you pursue the full compensation you deserve.