Passengers, pedestrians, railway workers, and occupants of nearby vehicles or buildings often sustain catastrophic injuries in railroad accidents. In these instances, victims may benefit from working with an Atlanta personal injury lawyer.
Van Sant Law has been serving Georgia residents since 2008. If you were injured in a train crash, a train accident lawyer in Atlanta can help you file a claim and pursue compensation.
Why Hire an Atlanta Train Accident Lawyer?
Train accident claims often involve multiple liable parties and complex filing procedures. If you need to file a claim, an Atlanta train accident lawyer can:
- Investigate the accident: We can review accident reports, inspect available evidence, interview witnesses, and work with qualified investigators to determine how the accident occurred and who is responsible for your damages.
- Preserve evidence: We can gather train operation logs, maintenance histories, surveillance footage, employee communications, and other important evidence before it is lost or destroyed.
- Calculate your damages: We can evaluate your medical expenses, lost income, pain and suffering, and other losses and calculate your claim’s true value.
- Handle insurance negotiations: We can communicate with insurance companies and opposing attorneys, review settlement offers, and attempt to secure a fair settlement for you.
- Represent you in court: If necessary, we can file a lawsuit and fight for you in court.
How Much Does a Train Accident Lawyer in Atlanta Charge?
The personal injury lawyers at Van Sant Law handle train accident claims on a contingency fee basis. Under this arrangement, you do not pay us any attorneys’ fees up front. Instead, your lawyer receives an agreed-upon percentage of the compensation you recover through a settlement or court award.
If you don’t win any compensation, you won’t owe us anything.
What Types of Damages Can You Recover?
Depending on the circumstances of your accident, you may be able to recover economic and non-economic damages, such as:
- Medical expenses: You can seek compensation for emergency transportation, hospital stays, surgeries, prescription medications, physical therapy, rehabilitation, and future medical treatment related to your injuries.
- Lost wages: You may be able to recover income you lost while you were unable to work during your recovery, including missed wages and employment benefits.
- Reduced earning capacity: If your injuries prevent you from returning to your previous occupation or limit your ability to earn a living, you may pursue compensation for your diminished future earning potential.
- Pain and suffering: You can seek damages for physical pain, discomfort, and the limitations that your injuries impose on your everyday activities.
- Emotional distress: Compensation may be available for anxiety, depression, fear, trauma, and other emotional difficulties resulting from the accident.
- Permanent disability or disfigurement: You may recover damages for lasting physical impairments, permanent scarring, and changes to your ability to live independently.
- Loss of enjoyment of life: You can pursue additional compensation if your injuries prevent you from participating in hobbies, recreational activities, family events, or other experiences you previously enjoyed.
- Property damage: You may be able to recover the cost of repairing or replacing personal property damaged in the accident.
- Wrongful death: If you lose a family member in a train crash, you can pursue damages through a wrongful death lawsuit.
- Punitive damages: In rare cases involving extreme misconduct from the defendant, punitive damages may be awarded.
How Long Do You Have to File a Train Accident Claim in Georgia?
Per O.C.G.A. § 9-3-33, the statute of limitations for most Georgia railroad accident claims is two years from the date of the crash. If you lose a loved one in an accident, you have two years from the date of their death to submit a wrongful death claim.
Different statutes of limitations can apply in certain scenarios, such as if your case involves a government entity or you are employed by a railroad. A train accident attorney in Atlanta can assess your situation and explain how much time you have left to file a claim.
How to File a Train Accident Claim in Fulton County Courts
If your train accident occurred in Atlanta or elsewhere in Fulton County, you may be able to file a civil lawsuit in the Fulton County State Court. The process generally includes these steps:
- Prepare the complaint: Draft a legal document explaining the circumstances of the accident, the defendants’ alleged negligence or other legal wrongdoing, the injuries you sustained, and the compensation you are seeking.
- File the lawsuit: Submit the complaint electronically through the Odyssey eFileGA system and pay the applicable filing fees.
- Serve the defendants: After electronic acceptance and issuance of a case number, you must officially serve the summons and complaint to the defendant via the Sheriff’s Department or a private process server.
Requirements for Filing a Claim Against MARTA
If you were injured on a train on the Metropolitan Atlanta Rapid Transit Authority (MARTA) Red, Gold, Blue, or Green Line, at a station, or while using another part of its transportation system, you may have grounds to pursue a claim against MARTA.
Per O.C.G.A. § 36-33-5, you must file a formal written ante litem notice with MARTA within six months of the accident before you can pursue a lawsuit. The notice must include the date, time, and location of the crash, as well as a description of your injuries and the negligence you are alleging. If you miss this deadline, you will be barred from recovering compensation.
Train and rail cases in Atlanta involve government entities with strict notice deadlines. If you don’t file an ante litem notice within the six-month window, you will lose your case, so time is of the essence.
Requirements for Filing a Claim Against Amtrak
If you were injured while traveling on the Amtrak Crescent route in Atlanta, whether it happened while boarding or exiting a train or while using a facility connected to its operations, you may be able to pursue compensation.
However, due to the mandatory arbitration clause in Amtrak’s ticket purchasing terms, you cannot file a personal injury or wrongful death lawsuit against Amtrak in court. Instead, your claim must be decided privately by an arbitrator. Generally, personal injury claims against Amtrak must be filed within two years of the accident.
If a third party caused or contributed to the crash, they are not protected by Amtrak’s ticket agreement. You have the right to sue them directly in Georgia court.
What if I Am a Railroad Employee?
If you are injured in a train crash as a railroad employee, you will not file a traditional workers’ compensation claim. According to 45 U.S.C. § 51, you must file a claim under the Federal Employers’ Liability Act (FELA).
In most cases, you have three years from the date of the accident to file a FELA claim. Unlike workers’ compensation, you must prove that railroad negligence caused the accident to recover damages.
Who Is Liable for a Railroad Accident in Georgia?
Liability for a train accident depends on what caused the incident and which parties had a responsibility to prevent it. More than one party may share responsibility for an accident, including:
- Railroad companies: A railroad may be responsible for negligent train operation, inadequate employee training, failure to maintain tracks, or unsafe operating procedures.
- Train operators: A train operator may be liable for negligent actions such as speeding, failing to follow safety signals, or operating a train while distracted.
- Maintenance contractors: Companies responsible for inspecting or repairing tracks, signals, crossing gates, or train equipment may be liable if negligent work contributes to an accident.
- Train manufacturers: A manufacturer may be responsible if a defective component, faulty braking system, or another product defect causes or contributes to a collision.
- Government agencies: A public entity responsible for maintaining a road, railway crossing, or other transportation infrastructure may be liable in certain circumstances.
- Other motorists or pedestrians: A driver or another individual whose negligent actions cause a collision or create a dangerous situation may share responsibility for a crash.
Does MARTA Have Government Immunity?
No. Though MARTA is a government entity, it does not have sovereign immunity after a railroad crash. Section 22 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965 states that MARTA is not shielded from tort liability and can be sued just like a private corporation.
While you can sue MARTA for a crash, you must still follow strict ante litem notice requirements and file your claim before the state’s personal injury statute of limitations expires. Missing these deadlines can cause you to lose your right to recover compensation.
How Do Train Accidents Happen in Georgia?
Some of the most common causes of train accidents in Atlanta include:
- Defects in the train tracks
- Hazards on the train tracks
- Defective train signals, crossing gates, or lights
- Motorists who fail to yield to trains or stop at crossing gates
- Excessive cargo weight
- Defects in the train cars or engine
- Employee errors
- Cargo or fixtures protruding too far outside the train
- Violations of safety rules, regulations, or laws
- Inadequate train or railway maintenance
- Failure of the conductor to sound a horn when approaching train crossings
- Pedestrian suicide
Common Injuries in Atlanta Train Accidents
Passengers, railroad employees, pedestrians, and motorists can suffer serious injuries in train accidents. Common ones include:
- Traumatic brain injuries: Sudden impacts can cause concussions, brain bleeding, and other head injuries.
- Spinal cord injuries: The force of a collision or a fall can damage the spinal cord.
- Broken bones: Passengers and other accident victims may suffer fractures to their arms, legs, ribs, hips, or other parts of the body.
- Neck and back injuries: Whiplash, herniated discs, and other back injuries are common.
- Internal injuries: Blunt-force trauma can damage internal organs, cause internal bleeding, and create potentially life-threatening medical complications.
- Burns: Fires, electrical malfunctions, and other hazardous conditions can cause burns that require extensive medical treatment.
- Amputations: Severe crush injuries or traumatic damage to the limbs may result in partial or complete amputations.
- Psychological trauma: Surviving a serious train accident can lead to anxiety, depression, post-traumatic stress disorder, and other mental health issues.
How Do Medical Liens Work?
If you lack health insurance or cannot afford high deductibles after a train crash, medical providers may agree to treat you immediately in exchange for a signed agreement to be paid out of your settlement. This is known as a medical lien.
Once you settle your case or win in court, the medical lien will be paid out of your recovery, and then you will receive the difference.
How Does Subrogation Work?
After a train crash in Atlanta, your health insurance will cover your immediate medical costs. Once you win a personal injury settlement or court award, your insurer will seek repayment from those funds through a process called subrogation.
Under Georgia’s “Made Whole Doctrine,” insurance companies typically cannot pursue a subrogation claim unless your total recovery covers all of your damages.
Why Hire Van Sant Law?
Who you select to represent you can make a significant difference in the way your train accident case unfolds.
Here’s why accident victims choose Van Sant Law:
- Local commitment: All of our attorneys live in the community and are personally committed to helping their clients pursue justice.
- Spanish-language services: We offer Spanish-language services so that our Spanish-speaking clients can communicate with our legal team, understand their options, and stay informed throughout the claims process.
- Thorough investigations: We work to maximize your recovery by identifying every potentially liable party in your case.
- Contingency-fee representation: We handle personal injury cases on a contingency fee basis, meaning you only pay us if you win your case.
- Excellent track record: Since 2008, we have won hundreds of millions of dollars for Georgia accident victims. One of our clients received $250,000 for a neck injury they suffered in a serious accident after we presented evidence of the defendant’s negligence.
How We Help Immediately After a Train Accident
We encourage you to reach out to our team at Van Sant Law as quickly as possible after your accident. Within the first 72 hours, we can help you take crucial steps like:
- Reporting the accident: Call 911 to ensure a police report is created and notify the MARTA Police Department or Amtrak Police Department to file an official incident report.
- Documenting the scene: If it is safe, take photographs or videos of the train, tracks, crossing signals, damaged vehicles, and any visible injuries.
- Filing the ante litem notice: This is the most critical deadline in a train accident case. We can help you get this filed right away so that you have a chance to be eligible for compensation down the line.
- Collecting witness information: Obtain the names and contact details of passengers, pedestrians, motorists, or other individuals who witnessed the incident.
- Documenting medical care: We can help you compile records after you visit Piedmont Atlanta, Grady Memorial, or another hospital to receive treatment and document your injuries.
- Avoiding discussions of fault: Don’t speculate about the cause of the incident or make statements that could be misunderstood as admissions of responsibility when communicating with railroad representatives, insurance adjusters, or other parties investigating the accident.
Get Help from a Truck Accident Attorney in Atlanta
A train accident in Atlanta can result in serious injuries, substantial financial losses, and complex questions about who is responsible. If you were injured in a train crash, we offer free consultations so you can speak to an Atlanta train accident attorney from Van Sant Law and learn more about how you can obtain compensation for your losses.
We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
