Railroad Company Negligence in Georgia: Pursuing Compensation

It is estimated that as many as 300 train accidents occur in Georgia annually. Such events can be catastrophic, especially accidents involving collisions with pedestrians and smaller vehicles such as cars or bicycles. Unfortunately, it is likely that many of these accidents could have been prevented if the railroad company had not been negligent. If you were hurt in a railroad accident, it is important to know your rights as a victim and the steps to take to hold a negligent railroad company liable for your injuries and damages.

What Constitutes Negligence in a Railroad Accident?

Railroad companies have a duty to keep a safe environment for passengers and any other person, such as individuals at train stations and platforms, pedestrians, and drivers going through railroad crossings. A railroad accident caused by negligence can be a type of personal injury claim. In this sense, negligence constitutes a breach of duty of care that resulted in a hazardous situation and caused another person to be injured and sustain significant damages.

In the scenario of a train accident, negligence is usually uncovered as a part of the accident investigation. For example, if a railroad crossing accident occurred due to the train company not properly maintaining mechanisms that lower the railroad crossing gates and warning lights, the railroad company could be found to be negligent and may be responsible for any damages their negligence has caused. In addition, train companies are held to higher standards as common carriers and are expected to use extraordinary care to prevent accidents.

What Are My Rights if I Was Hurt in a Railroad Accident?

If you were injured in a railroad accident, you may be entitled to damages compensation if you can prove that the railroad company was negligent and that their negligence caused the accident. This may not be an easy task as it often requires a complete investigation of the accident site and the input of experts to re-create what happened and generate evidence needed to support your claim. Working with a skilled railroad accident lawyer is essential to build a strong case.

If you are successful, you may recover compensation for both economic and non-economic damages. Economic damages are the tangible financial losses and out-of-pocket expenses resulting from the accident. These often include medical bills, lost wages, and damaged property (such as your car). However, a train accident is often a traumatic event that can affect a victim emotionally and psychologically long after their physical injuries have healed. Non-economic damages are meant to compensate the victim for such subjective losses, including pain, suffering, emotional distress, and mental anguish resulting from the accident and recovery process.

How Much Time Do You Have to File a Railroad Accident Claim?

Railroad accidents can be classified as a personal injury civil claim and thus are subject to Georgia’s statute of limitations. A statute of limitations is a hard legal deadline that limits how much time a personal injury victim has before they are no longer eligible to file a claim and seek compensation for their damages.

In Georgia, the statute of limitations for a personal injury claim such as a railroad accident is two years, counting from the date when the accident occurred. However, it is important to note that if the entity responsible for operating the train is a government agency, you may have to take action much sooner as some government agencies in certain jurisdictions may have their own statute of limitations, which can be as little as 30 days to 6 months in some cases. Either way, it is best to take prompt action and reach out to an attorney as soon as possible.

How Can a Railroad Accident Attorney Help?

Railroad accidents are complex and traumatic events that may have more than one responsible party, making it hard for victims to know where to begin or what steps to take to recover compensation. A skilled train accident attorney can take care of every aspect of the case – from investigating the accident scene to negotiating with insurance companies and taking the case to trial if necessary. If you were hurt in a railroad accident in Georgia, call The Scott Pryor Law Group at 678-325-3434.