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Atlanta Train Accident Attorney

Trains remain vitally important to America’s economy, thanks to their ability to mass transport goods and passengers across the country. Georgia is home to one of the largest railway systems in the U.S., with more than 5,000 miles of train tracks in the state. With such an extensive system, it’s no surprise that the Peach State is the setting for occasional train accidents. These accidents endanger the lives of railway workers, train passengers, and innocent bystanders. Trust Butler Wooten & Peak LLP with your personal injury claim after a harmful train accident in Georgia.

Liability for Train Accidents

Trains are common carriers under federal law, or entities that transport goods or people for money. Common carriers owe special duties of care to passengers, such as daily maintenance routines and cargo loading rules. Georgia train companies should know and obey these rules at all times. Breaking any of the common carrier standards, resulting in an accident, is negligence. The first step in pursuing compensation for this negligence is assigning fault, or determining the defendant. Defendants in a train accident case can include:

  1. The railway company. If the company engaged in any negligent acts such as improperly maintaining locomotives or hiring unqualified workers, it may be liable for subsequent accidents. In most cases, the railway company will be liable for the actions of negligent employees thanks to the rules of vicarious liability.
  2. Railway employee. Employees are major aspects of how a train functions. They take care of train repairs, maintenance, and daily functionality. They are also in charge of locomotive direction and control. Railroads must have black boxes in most trains, which are used to electronically record information such as the train’s speed, direction, and braking. Accessing the black box could lead to proof of negligence on the conductor’s part, such as speeding.
  3. A product manufacturing company. It’s possible that the accident stemmed from a defective part in the railroad or locomotive. In this case, the defendant might be the manufacturing company responsible for producing the part. Injured parties do not have to prove negligence in product liability claims – they only bear the burden of proving the component had a defect and it caused the accident.

Third-party liability is also a possibility in train accidents. For example, a motor vehicle driver might have fallen asleep at the wheel and crashed into an oncoming train, causing it to derail. In this example, injured train passengers may be able to take their claims up with the individual driver’s insurance company. An attorney can help you identify the defendant(s) and gather any applicable evidence for a timely filing of your claim in Atlanta.

Why Work with Our Attorneys?

Train accidents can cause significant injuries to all involved. Physical injuries can span the gamut from broken bones to spinal cord damage – not to mention the emotional and mental effects of a traumatic crash. Retain attorneys you can trust in Atlanta to pursue the compensation you deserve with vigor. Come to Butler Wooten & Peak LLP. Contact our attorneys in Atlanta to get started with a train accident claim.