Many people in Georgia, especially in the Metro Atlanta area, depend on railway transportation. Even though it is one of the safest ways to travel, train accidents do occur. Laws governing rail companies state that they must protect their passengers, and because of this, rail companies can be held liable in train accidents as common carriers. If the company was in a position to have prevented the accident, the victim of a train accident can file a claim against that company.
There are state and federal laws that regulate rail companies and the things they must do to protect the public, including safety precautions and response to known dangers. If a train accident occurs, McAleer Law will investigate to determine whether the rail company broke any state or federal regulations. If the investigation uncovers mistakes, 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 or more severe ones, such as broken bones, spinal injury, and brain injury. These injuries can all affect a person’s ability to earn a living and provide for themselves and their family and giverise to other damages such as medical bills and lost wages. 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. By federal law, trains are required to sound their horn and have functional lights. These devices alert drivers to a train heading toward a railroad crossing and greatly improve the safety at unsecured 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, claims must be filed within six months.
The experienced accident attorneys at McAleer Law advise train wreck victims to begin their claim immediately after an accident. McAleer Law will aggressively build your case and fight the rail company to recover full and fair damages for your losses.