Train Collisions
If you suffer an injury in a train collision because of a railroad company’s negligence, you may be eligible to receive compensation for your injuries. A train collision can include many different scenarios including a collision between a locomotive train and a pedestrian, or a collision can include two trains striking one another while on the railroad tracks. Following a train collision, it may be confusing to determine who or what entity to file a lawsuit against to collect damages for your injuries. However, a Marietta personal injury attorney will help you file a personal injury lawsuit against the responsible party to recover damages for the train collision.
A personal injury lawsuit for a train collision is based on the legal theory that the railroad company was negligent. To be negligent, the railroad company must fail to use reasonable care. To be successful, you must show the railroad company was negligent, either on its own or through the operational negligence of the railroad’s employees, by failing to maintain safe conditions. To win a lawsuit, your Marietta train collision attorney will inform you that you must show the railroad company breached their duty of care, and that that breach of care caused your injuries. It is essential that you show that the breach of care, whatever it may be in your case, was a direct cause of the harm. For example, if the railroad company failed to install a gate or lights on a busy road to warn motorists or pedestrians of an oncoming train, and this failure caused your harm, then you will successfully be able to show the railroad company’s negligence.
If you are successful in a train collision lawsuit, you will be able to collect damages to reimburse you for any medical expenses, including surgery and physical therapy. In addition, if you were unable to return to work following the train collision, you can recover lost wages. Depending on whether you suffer any permanent injuries following the collision, you may be eligible to receive pain and suffering damages. For a free evaluation of your case, please contact a Georgia train collision attorney at Braun and Ree, LLP.
