DeKalb County Railroad Accident Lawyers

Holding Liable Parties Accountable for Their Negligent and Wrongful Acts

From the many MARTA stations in our community to the countless tons of cargo transported via rail, the train systems in Georgia serve critical purposes. Unfortunately, this form of infrastructure does not come without risks. For employees, passengers, and even random individuals near the tracks, simple mistakes can prove devastating. If you or a loved one has been harmed in such an incident, a DeKalb County railroad accident lawyer may be able to help.

At Eshman Begnaud, LLC, our Georgia personal injury attorneys are committed to securing favorable outcomes for our clients. In many cases, we’re able to achieve this via settlement negotiations — thus allowing injured individuals to avoid court entirely. Unfortunately, this will not always be possible. However, our legal team represents clients aggressively when litigation becomes necessary. You don’t have to go through this alone.

Contact our railroad accident lawyers in DeKalb County for a free consultation.

Who Is Entitled to Compensation for Railroad Accidents?

When people think of railway accidents in Georgia, they often envision motor vehicles stalling at train crossings. However, the reality is that many cases look nothing like this. In some instances, waiting commuters have fallen onto the tracks. In other situations, railway workers have found themselves injured in the course of employment. Regardless of exactly what happens, an injury victim is typically entitled to compensation when liability is established.

To do this, it’s necessary to prove the following three elements related to the at-fault party:

• Duty of care: It must be proven that the at-fault party had a duty to avoid actions that could harm others. For instance, railway companies are expected to provide a safe environment for commuters.
• Violation of duty: Personal injury claims must also establish that a duty of care was violated. For instance, perhaps a rail commuter company did not utilize proper security measures at a train station.
• Causation of harm: It’s not uncommon for parties to violate a duty of care, but this only becomes an actionable legal claim when harm occurs. For instance, perhaps the lack of security at a train station resulted in a passenger being robbed and injured.

If these elements of liability exist, your DeKalb County railroad accident lawyer may be able to easily secure a settlement on your behalf. After all, insurance companies often prefer to avoid court entirely. Unfortunately, they’ll often try to do this by extending low settlement offers. Your attorney can make sure you’re not being taken advantage of. And if a settlement isn’t possible, they can represent you in court.

However, it’s also important to realize that not everyone injured in a railroad accident will have a valid personal injury claim.

Aren’t Railroad Employees Covered by Workers’ Comp in Georgia?

Even when someone takes a train every day of the week, they are not as exposed to potential risks as railway employees. These workers are constantly surrounded by hazards, so it’s not uncommon for them to experience on-the-job injuries. However, workers’ compensation provides benefits in the majority of these cases. This often leaves injured workers wondering whether they can file a personal injury claim.

This is something you should discuss with a DeKalb County railroad accident attorney — because the answer can get complicated. In most cases, employees cannot sue their employers for workplace injuries. Workers’ comp is meant to provide financial support in these cases. However, there are certain situations that can result in injury victims having a valid personal injury claim.

In most situations, this will involve third-party liability. For instance, a contractor from another company may cause a serious accident — and in these cases, you could target the other company or worker with legal action. Victims also can occasionally sue their employers if extreme negligence or willful conduct was involved — or if the company did not carry appropriate workers’ compensation insurance.

What Damages Might You Be Entitled To?

Whether you’re a railroad worker injured by a third party or someone completely unrelated to the industry, you may be entitled to substantial compensation after suffering an injury. Most personal injury cases are resolved via settlement negotiations. However, litigation becomes necessary when this isn’t possible. Once your claim ends up in court, you may eventually be entitled to the following personal injury damages:

• Economic damages: These damages reimburse victims for monetary losses (e.g., medical bills, lost wages, property damage).
• Non-economic damages: These damages reimburse victims for non-monetary losses (e.g., emotional distress, pain and suffering).
• Punitive damages: These damages focus on punishing the liable party for especially egregious actions.

Not everyone will be entitled to all these damages. This is why it’s important to discuss your case with an experienced DeKalb County railroad accident lawyer. At Eshman Begnaud, LLC, our legal team can review your case and help you understand your options. We’ll discuss potential compensation, and if you work with our law firm, we’ll help you navigate these complicated legal issues.

Contact Our DeKalb County Railroad Accident Lawyers Today

If you or a loved one have suffered serious injuries, you may be unsure of how to move forward. Perhaps you’re questioning whether you’re entitled to compensation, or maybe you don’t know who is at fault for your injury. Regardless of the unique circumstances of your case, having an experienced legal professional on your side can prove invaluable. Train accident claims can be complex, so don’t hesitate to seek assistance.

At Eshman Begnaud, LLC, you’ll work with a team of Georgia personal injury attorneys who will tirelessly advocate on your behalf. We know that these cases can be scary and stressful. Oftentimes, injured victims and their families may be unsure of what the future holds. Our law firm is here to put your mind at ease, and since we don’t charge for initial consultations, you have nothing to lose by reaching out.

Contact us at (678) 892-7173 to schedule your free case evaluation. Our DeKalb County railroad accident lawyers are here to help.