Who to Sue After a Train Accident

Train accidents are among the most serious of all types of personal injury accidents — and Georgia has, at times, led the nation in the number of train accidents within its borders. That’s because trains are big, heavy, and hard to stop, which is a dangerous (and often deadly) combination of factors for both passengers and motorists. But pursuing a train accident claim can be more complicated than a standard motor vehicle accident claim due to the number of potentially responsible parties involved, not to mention the legions of formidable defense attorneys many railroad companies employ. If you’ve been injured in a train accident, a Tifton train accident lawyer can help you determine who to sue and how much your claim might be worth.

Potentially Responsible Parties

With run-of-the-mill car accident claims, there are usually only two parties involved — the drivers of each vehicle (plus their respective insurance companies and lawyers). Not so with train accident claims. Such claims often implicate a wider range of potential defendants.

Railroad Companies

Train accident claims are often based on the theory of respondeat superior, a legal doctrine that holds employers responsible for the actions of their employees. Since train conductors and anyone else involved in the operation of trains are employees of railroad companies, such companies typically are the primary defendants when accidents occur. (This is similar to truck accident claims, where injured plaintiffs usually sue the trucking company instead of the truck driver in his or her personal capacity.)

As a highly regulated industry, the railroad industry has legal duties to conduct its operations in accordance with federal regulations. Such duties include:

Blowing horns at certain at-grade railroad crossings
Observing appropriate speeds for the track in use
Appropriately training employees
Ensuring compliance with hours of service rules
Keeping locomotives and tracks in safe working condition

Railroad companies may be liable for injuries traceable to lapses in upholding these and other duties. However, potential plaintiffs should keep in mind that suing railroad companies is often more difficult than suing individuals, as such companies are experienced in fighting personal injury claims. That’s why it’s so important to speak to a Tifton train accident lawyer if you’re considering suing a railroad company.

Other Drivers

Not all train accidents are due solely to a railroad company’s negligence. In many cases — especially at railroad crossings — other drivers or third parties may share responsibility. For example, another driver may contribute to an accident by:

Ignoring flashing lights or closed gates
Attempting to “beat the train”
Stopping on the tracks

In such cases, the driver of the at-fault vehicle may not be the only party injured; their negligence can cause injuries to other drivers in the area or to passengers on the train.

Government Entities

In some cases, responsibility for train accidents extends beyond railroad companies to cities, counties, or other government entities. This typically occurs where the accident is tied to the design, maintenance, or safety features of a railroad crossing or the roadway itself. For example, an injured plaintiff might argue that a government entity:

Designed a crossing with poor visibility
Failed to install adequate signals
Allowed vegetation or other obstructions to block drivers’ views of oncoming trains

Potential plaintiffs should note, however, that claims against government entities can be complex due to sovereign immunity, a legal doctrine that prohibits legal claims against government entities unless they have consented to being sued. Such claims also require plaintiffs to comply with strict pre-lawsuit notice requirements and are subject to caps on damages. For more information about suing government entities, please contact a Tifton train accident lawyer.

Manufacturers, Distributors, and Sellers of Defective Parts

Some train accidents are due not to operator error or third-party actions, but to defective equipment or improper maintenance. In such cases, potentially responsible parties may include the manufacturer, distributor, or seller of the defective part at issue, or a company responsible for the maintenance of such equipment. Train accident suits based on defective parts or maintenance may include claims that:

Signal systems failed to operate as designed
Improper braking system maintenance prevented a train from stopping in time
A switching system failed, causing the train to divert onto the wrong course

Personal injury claims alleging defective equipment fall under the products liability umbrella, a distinct and often technically complex area of personal injury law.

Valuing a Train Accident Claim

Every case is different, so it’s difficult to put a dollar amount on a potential claim without knowing the specific facts of the case. However, some general rules apply. Perhaps the most important of those is Georgia’s comparative fault law. Under this system, a plaintiff who was partially at fault for an accident — for example, by failing to heed railroad crossing lights and markers — may still recover for their injuries, but their recovery will be reduced by the percentage they were at fault. To illustrate, assume that a plaintiff suffers $100,000 in losses after a train accident but is found to be 40% at fault for the accident. Their recovery would thus be $60,000, the percentage to which they were not at fault. Potential plaintiffs should keep in mind, however, that they may recover under Georgia’s comparative fault system only if they were less than 50% at fault; if the plaintiff’s fault exceeds that of the defendant, the plaintiff recovers nothing. It is thus imperative to work with an experienced attorney if you plan to pursue a train accident claim in an accident for which you were potentially at fault.

Pursue a Claim With Help From a Tifton Train Accident Lawyer

While train accident claims can be more complex than standard personal injury claims, recovery is not unachievable. The best way to ensure that you recover the maximum amount to which you are entitled is to work with an attorney who has extensive experience handling train accident claims. To get started, please contact a Tifton train accident lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.