Answers to Frequently Asked Questions Regarding Railroad Accidents

Answers to Frequently Asked Questions Regarding Railroad Accidents

Many people in Georgia, Especially in the Metro Atlanta area, depend on railway transportation and even though it is one of the safest ways to travel, train accidents do occur. The laws that govern rail companies state that rail companies must protect their passengers and this duty to protect means that rail companies can be held liable in train accidents as common carriers. Train accident injury victims frequently will have claims which can be filed against the rail company that was in a position to have prevented the accident.

There are state and federal laws which regulate rail companies and the duty of care they must meet to protect the public, including safety precautions and the response they take in the face of known dangers. If a train accident occurs, McAleer Law will investigate to determine whether the rail company broke the state or federal regulations designed to keep the traveling public safe. IF the investigation uncovers that mistakes were made and the duty of care was breached, the rail company can be held partially or totally liable.

Injuries from train accidents can include fairly minor injuries, such as bruises, strains and sprains and more severe ones such as broken bones, spinal injury and brain injury, which can all affect a person’s ability to earn a living and provide for themselves and their family. These injuries give rise to other damages like medical bills and lost wages. For these reasons it is critical to have an experienced train accident attorney represent you in your claim for personal injuries against the rail company.

Motorists are required to stop 15 feet or more from a railroad crossing and wait at this safe distance until the train is out of the crossing area before traveling across the tracks. One sure way to protect yourself from railway accidents when in a vehicle is to follow this simple rule. By federal laws trains are required to sound their horn and they must have functional lights. These devices make it easy to know when a train is coming down the tracks toward a railroad crossing and greatly improve the safety at unsecured railroad crossings.

In some cases rail companies are not held responsible for malfunctioning crossing equipment, but they can be held responsible for improperly maintaining the crossing and its equipment. It is often found that railroad crossings do not have the proper or functioning safety equipment that is required by federal law.

One thing that can work against train accident victims is the applicable statutes of limitations, which means that a train accident victim should seek legal representation as soon as possible in order to file a claim in a timely manner against a rail company. In some situations, there may be a government claims that are required to be filed within 6 months in order to not lose your rights to sue the negligent governmental entity.

For these reasons, the accident attorneys at McAleer Law advise train wreck victims to contact their firm to begin their claim immediately before time runs out on filing a claim. McAleer Law will immediately begin to aggressively build your case and fight the rail company to recover full and fair damages for your losses.

If you or a family member has been injured in a MARTA or rail crash, Contact McAleer Law immediately at 404-816-7374.