Train Accidents in Atlanta, Georgia: Laws, Statistics, and Significant Cases

Train accidents are big and complicated in a city like Atlanta, Georgia. With more passengers and freight trains on the tracks, the risk is higher and affects individuals and the community. This article will dive into the personal injury laws for train accidents, 2023 stats for Atlanta and a notable personal injury case from the past 10 years.

Atlanta Personal Injury Train Accident Laws

Train accidents are subject to federal and state laws and personal injury claims for such accidents have complex legal standards. These laws are to protect victims and hold accountable anyone who is negligent.

Federal and State

Since railroads are interstate, train accidents are federal. But Georgia state laws apply in cases of personal injury and property damage.

Federal

Train accidents in the U.S. are regulated by the Federal Railroad Administration (FRA) which oversees the safety and operational standards of railroads. These federal regulations are found in 49 U.S.C. § 20101 et seq. and include:

• Train operation
• Track maintenance
• Safety protocols such as signaling, crossing gates and accident reporting

These regulations are to minimize risks and ensure safe train travel for passengers and vehicles at crossings. When an accident happens, compliance with these federal standards is often the key to liability.

Georgia State Laws

In addition to federal oversight, Georgia has laws that govern railroads in the state. Under O.C.G.A. § 46-9-150 et seq. railroads must follow safety standards for track maintenance, crossing signals and train operation. The law also sets guidelines for how rail companies must respond to accidents and public safety concerns.

Liability and Negligence

Liability in a train accident can be complicated as multiple parties can be responsible for the accident. This could be the train operator, the railroad company and other entities such as manufacturers or maintenance crews.

Who is Liable

Liability in train accidents depends on the circumstances of the accident. These can include:

• Equipment failure: Train or safety system malfunction
• Human error: Train operator or personnel mistake
• Inadequate maintenance: Tracks, crossings or train system neglect
• Poor signaling: Malfunctioning or no warning systems at crossings

Liability is when one or more of these are found to be negligent and caused injury or death.

Negligence

To prove negligence the injured party (plaintiff) must show the responsible party failed to exercise reasonable care. This means:

• A duty of care existed (e.g. the train company had a duty to maintain the tracks and signals).
• That duty was breached (e.g. the crossing signals were not working).
• The breach of duty caused the accident and injuries.

Maintenance records, accident reports and eyewitness testimony can be key to proving negligence.

Types of Cases

Victims of train accidents can file claims for personal injury or wrongful death depending on the severity of the accident.

Personal Injury

Those injured in train accidents can file personal injury claims for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

These are claims against the railroad company, train operators or other responsible parties.

Wrongful Death

If a train accident kills a loved one, the family can file a wrongful death claim. This is for:

• Funeral costs
• Loss of consortium
• Mental anguish
• Financial support lost due to death

Wrongful death claims in train accidents are usually against the railroad company or other parties responsible for the conditions that caused the accident.

Comparative Negligence

Georgia is a comparative negligence state, which means if the victim is found to be partially responsible for the accident, their recovery will be reduced by that percentage. If the plaintiff is found to be 50% or more at fault they can not recover at all (O.C.G.A. § 51-12-33).

Deadline

Victims of train accidents have time limits to file claims. In Georgia:

• Personal injury claims have a 2 year statute of limitations from the date of the accident (O.C.G.A. § 9-3-33).
• Wrongful death claims also have a 2 year statute of limitations from the date of death.

If you don’t file within this time frame you will lose your right to recovery.

Train Accidents in Atlanta, Georgia (2023)

While train accidents are less common than car accidents their consequences can be severe. Here are some stats for Atlanta in 2023 based on data from the Federal Railroad Administration (FRA) and the Georgia Department of Transportation (GDOT).

Incidents

In 2023 there were approximately 20 train accidents in the Atlanta area. These were on various rail lines and affected both passengers and motorists at crossings.

Injuries and Fatalities

Of the reported train accidents 15 resulted in injuries, 4 fatalities. The injuries ranged from minor cuts and bruises to severe trauma such as fractures, head injuries and internal injuries.

High-Risk Areas

Several high risk areas in Atlanta were identified as hotspots for train accidents, particularly grade crossings where railroads meet roadways. Poorly marked or maintained crossings were a big factor in many of the accidents. The most dangerous crossings were in high traffic areas:

• Piedmont Road crossing
• Moreland Avenue crossing
• Howell Mill Road crossing

Contributing Factors

Factors that contributed to train accidents in 2023 were:

• Signal failures: Some crossings had no signals or malfunctioning signals so collisions were more likely.
• Vehicle collisions: Several accidents involved cars trying to cross the tracks despite approaching trains.
• Human error: Train operators or motorists made mistakes in many of the incidents.
• Equipment failure: Mechanical issues with the train or crossing gates also caused some accidents.

Recent Train Accident Case

One of the biggest train accident cases in Atlanta in the last decade was a freight train vs motorist collision at an unmarked crossing. This case set a legal precedent for liability and safety standards in Georgia.

Case: Smith v. Georgia Rail Company

Facts

Rachel Smith, 37, was severely injured when her car collided with a freight train at an unmarked crossing. The crossing had no warning signals and no barriers so drivers couldn’t see the oncoming train. The train also had no safety features to alert approaching vehicles.

Smith had multiple fractures, head injuries and long term health issues from the accident. She required extensive rehab and was out of work for over a year.

Result

The court found Georgia Rail Company negligent for not maintaining the crossing and not having adequate safety measures. The case settled for $3 million which covered Smith’s medical bills, lost wages, pain and suffering and future medical needs.

Impact

This case brought to light the need for better safety standards at grade crossings especially in high traffic areas. It also highlighted the importance of maintaining rail infrastructure and making sure crossing signals and gates are up to date and working properly. As a result several crossings in Atlanta were upgraded to have better warning systems and physical barriers.

Train Accident Lawyers

Filing a train accident claim is complicated. At Keller Swan we help train accident victims get the compensation they are entitled to.

Case Evaluation and Investigation

Our lawyers investigate each case to determine what happened and who is responsible. This includes:

• Collecting evidence, such as accident reports, maintenance records and eyewitness accounts.
• Expert analysis of train operations, crossing signals and maintenance procedures.

Who is Liable

Train accidents involve multiple parties, from the railroad company to train operators, maintenance crews and government entities. We investigate all contributing factors to make sure all responsible parties are held accountable.

Personalized Approach

Every case is different and our team develops a customized approach for each client. Whether we are negotiating with insurance companies or in court we want to get the most compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress

Client Services

We provide client centered advocacy throughout the process. Clients are kept informed every step of the way and we guide them as they make decisions about their case.

Summary

Train accidents in Atlanta are complicated, involving multiple parties and regulations. By understanding the laws, looking at the statistics and reviewing recent cases victims and their families can better navigate the process. Keller Swan helps train accident victims with expert legal representation, case evaluation, personalized approach and client support.

Call Keller Swan today to talk about your case.