taking a photo from a train

If a train accident has upended your life or the life of a loved one, you need a trusted advocate who understands the urgency and complexity of your situation. Our experienced Atlanta train accident lawyers are committed to providing compassionate and effective legal support during this challenging time.

As a leading train accident law firm in Atlanta, we are dedicated to helping you secure the justice and compensation you deserve.

The rail network in the U.S. has seen a troubling increase in incidents, with railroad deaths rising to 954 in 2022—a significant 11% jump from 2021 and the highest number since 2007. This alarming statistic highlights the importance of having skilled legal representation when facing the aftermath of a train accident.

At the Brauns Law Firm, we offer a free case evaluation to assess your situation and discuss your options. Our team will guide you through every step of the legal process with dedication and expertise. 

taking a photo from a train

Checking if You Have a Potential Claim

To build a strong legal claim following an accident, several key elements must be present:

  • Duty of Care: This means proving that the responsible party had a legal obligation to act with a certain standard of care to avoid harming your or your loved one. For instance, the train driver and train company has a duty of care over passengers and employees.
  • Breach of Duty: You must show that the responsible party failed to uphold their duty of care. This could involve demonstrating that they acted recklessly, negligently, or failed to take reasonable precautions. For example, if a train driver was intoxicated while driving, that would be a breach of their duty to drive safely.
  • Causation: It needs to be proven that the breach of duty directly caused the accident or injury. This involves linking the negligent actions or omissions of the responsible party to the harm you suffered. For instance, if the driver’s actions led to the collision, causation is established.
  • Damages: Finally, you must show that you suffered damages as a result of the accident. This includes physical injuries, emotional distress, medical expenses, lost wages, and other financial losses. Documentation of these damages is essential for a successful claim.

By addressing each of these elements, you can build a strong case and work towards obtaining the compensation you deserve. If you believe you have a case, contact us today to discuss your situation with a knowledgeable attorney.

Damages You Can Recover

When pursuing a personal injury claim, there are several types of damages you might be entitled to:

  • Non-Economic Damages: These damages compensate for the intangible impacts of your injury, such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages address the physical and emotional toll that the injury has taken on your quality of life.
  • Economic Damages: These are tangible costs that can be directly calculated, such as medical expenses, lost wages, and property damage. Economic damages cover the financial impact of the injury, including hospital bills, rehabilitation costs, and any income lost due to an inability to work.
  • Punitive Damages: These are awarded in cases where the defendant’s conduct was particularly egregious or malicious. Unlike economic and non-economic damages, punitive damages are meant to punish the wrongdoer and deter similar behavior in the future. They are not awarded in every case but can be significant when granted.

Our team works to secure compensation for medical expenses, lost wages, pain and suffering, and more. We are committed to ensuring you receive the financial support you need to cover all aspects of your recovery.

How to Get in Touch With Us

You can easily reach out to us through the following methods:

We’re here to provide the support and guidance you need. Contact us today!

What Clients Think of Us

Here’s what our clients have to say about their experience with us. Their feedback highlights our dedication and the results we’ve achieved.

Amazing! Helpful!

“Brauns Law was very easy to work with and helped me deal with the insurance and medical after being rear ended. They were able to make sure I was fairly compensated for my no-fault accident. Haley and Brittany were amazing! Thanks for the help!”

Polite, Well-Handled! 

Braun’s Law handled my car accident claim wonderfully! Once I retained them, they handled everything from the accident report and the doctor’s bills all the way through the settlement. Not once did I have to deal with the at fault’s insurance carrier or the doctor’s bills! Haley and her team were extremely polite and detailed throughout the entire process. Definitely recommend!!

We Are Your Atlanta Train Accident Law Firm

Our dedicated team blends extensive legal expertise with a deep concern for our community.

  • Proven Results: We have a strong record of securing significant settlements and verdicts through our meticulous case preparation.
  • Community Commitment: Beyond legal work, we engage in local charities and community projects, reflecting our broader commitment to making a difference.
  • Personalized Service: We offer tailored advice and support, ensuring each client receives the focused attention they deserve.
  • Award-Winning Team: Our attorneys are recognized for their excellence and dedication to justice.

Choosing Brauns Law Firm means partnering with a firm that values integrity, community, and exceptional client service.

Contact us today to discuss your train accident case and explore how we can help you achieve the compensation and justice you deserve.

Meet Your Atlanta Train Accident Attorney

As the founding partner of Brauns Law Firm, David Brauns leads our team with a focus on personal injury law, particularly in complex train accident cases.

His extensive experience and commitment to client advocacy have earned him a reputation for excellence and results in the legal community. David’s approach is client-centered, ensuring that each case is handled with the utmost care and dedication.

Important Initial Advice!

Knowing what steps to take right after an auto accident can significantly protect your health and legal rights. Our experienced personal injury attorneys have put this list together for you:

  1. Seek Proper Medical Care: Get checked by a medical professional immediately, even if you don’t feel injured. Some injuries may not show symptoms right away. Follow-up care is pivotal to ensure all injuries are properly documented and treated.
  2. Gather Evidence from the Scene: Collect as much evidence as possible. Take photos of the accident scene, vehicle damage, and any visible injuries. Get contact information from witnesses and document any signs of negligence by the other driver.
  3. File a Police Report: Ensure that a police report is filed for the accident. This report provides an official account of the incident and can be critical for your case. Obtain a copy for your records and share it with your lawyer.
  4. Contact an Atlanta Accident Lawyer: Reach out to an experienced Atlanta accident lawyer to get professional legal advice. A lawyer can help you navigate the legal process, protect your rights, and ensure you get fair compensation. Many firms offer free consultations, so don’t hesitate to seek help.
  5. Stay Off Social Media: Refrain from posting about the accident or your injuries online. Insurance companies and other parties might use your posts against you. Keep your social media accounts private and be cautious about new connections.
  6. Avoid Accepting the First Insurance Offer: Insurance companies often start with low offers. Don’t accept any settlement without consulting a lawyer. Document all offers and communications with the insurance company to ensure everything is properly recorded.
  7. Use Careful Language with the Insurance Company: When communicating with insurance adjusters, be honest but concise. Avoid admitting fault or speculating about the accident. Stick to the facts to prevent any misinterpretations.
  8. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with necessary information but avoid giving too much detail or speculating about the cause of the accident.
  9. Keep Detailed Records: Maintain a comprehensive file of all medical records, repair estimates, receipts, and other relevant documents. Keep a journal of your symptoms and treatments to track your recovery process.

Taking these steps promptly can help you manage the impact of the accident and improve your chances of a successful claim.

Deadlines

In Georgia personal injury cases, including accidents and occurrences involving trains, accident victims only have a short deadline to file a lawsuit. Specifically, they must file their lawsuit within two years of the date on which they suffered their injuries in the accident.

This hard-and-fast statute of limitations applies in almost every case. Therefore, if the accident victim fails to file suit within the two-year deadline, the law will preclude them from ever asserting a damage claim in the future.

Start your train accident claim as soon as you can. If you wait, you risk losing access to evidence important to your case. In addition, while you have no lawyer representing you, there is a chance that you could do something that could hurt your case.

Insurance companies are certainly not above taking advantage of unrepresented victims, so you should retain an attorney as soon as possible.

Our experienced Atlanta train accident lawyers can assist you with filing your claim or lawsuit against all potentially responsible parties in your train accident case. We can then pursue the monetary compensation that you deserve for your injuries.

Gathering Evidence

If you’ve been in a train accident, here’s what you should gather as soon as possible:

  1. Police Report: Obtain a copy for detailed information about the incident and involved parties.
  2. Medical Records: Keep all documentation of your treatment to prove the extent of your injuries.
  3. Eyewitness Statements: Collect accounts from individuals who saw the accident to support your claim.
  4. Photo/Video Evidence: Take clear photos or videos of the scene, vehicle damage, and injuries.
  5. Examples of Negligence: Document any signs of negligence, such as issues with train signals or operator errors.
  6. Property Damage Estimates: Gather repair estimates for vehicles or property damage.
  7. Insurance Communication: Save all correspondence with insurance companies, including policy details and claims information.

Handling these tasks can be challenging while recovering. Brauns Law Accident Injury Lawyers, PC can manage evidence collection for you, allowing you to focus on your recovery. Contact us today to find out how!

Who can be liable for Atlanta train accidents?

Train accidents can happen for many reasons, and several parties might be responsible:

  1. Train Operators can be at fault if they cause an accident by speeding, ignoring signals, closing doors too quickly, or operating under the influence of drugs or alcohol. Their negligence can lead to collisions with pedestrians or vehicles at crossings or crashes with other trains, resulting in serious injuries.
  2. Train Companies can be held responsible for their operators’ actions through vicarious liability, which means they are liable for what their employees do while on the job. This includes poor hiring, retention, or supervision of problem operators. Train companies are also responsible for keeping train cars, stations, and platforms safe and must fix any hazards promptly.
  3. Dispatchers, who manage train movements and switch positions, can be held liable if their mistakes cause train collisions and injuries.
  4. Government Agencies/Municipalities: If a government entity is at fault, certain legal steps must be followed before filing a lawsuit. These agencies can be liable for accidents caused by their negligence.
  5. Product Manufacturers/Distributors: Manufacturers and distributors are responsible for ensuring their products are safe and properly made.

If you or a loved one has been injured in a train accident, an experienced Atlanta personal injury lawyer at Brauns Law firm can help you file a claim or lawsuit against all responsible parties.

What Can I Expect to Pay?

We simplify the cost of legal representation with our contingency fee model, which is designed to be straightforward and stress-free:

  • No Upfront Costs: You don’t pay anything unless we win your case.
  • Percentage of Recovery: Our fee is a percentage of the compensation we secure for you, aligning our goals with yours.
  • No Win, No Fee: If we don’t win, you don’t owe us anything.

Contact us today for a free consultation to discover how our contingency fee model works and how we can support you through every step of your train accident claim.

Atlanta train accident attorney

Why Choose Us Over Other Atlanta Train Accident Attorneys?

When it comes to handling train accident claims in Atlanta, Brauns Law out for several reasons:

  1. Specialized Knowledge: We concentrate exclusively on personal injury cases, including train accidents. Our in-depth understanding of the specific challenges and legal details of these cases ensures that you get expert representation tailored to your situation.
  2. Proven Results: We have a history of achieving favorable outcomes in complex personal injury claims. Our track record of securing significant settlements and verdicts underscores our ability to deliver results and advocate fiercely on your behalf.
  3. Compassionate Support: We recognize that a train accident can be a highly stressful and emotional experience. Our team offers compassionate support throughout the legal process, providing a listening ear and personalized guidance to ease your burden.
  4. Individualized Care: Unlike larger firms where you might feel like just another case, we offer personalized attention. From your first consultation to the resolution of your case, you’ll work closely with our dedicated attorneys who are committed to your specific needs and objectives.

Choosing us means opting for a firm that blends expertise, compassion, and a strong track record.

Locations We Serve

We’re proud to offer our expert legal services across a wide range of locations. Our commitment to serving the community ensures that you have access to the very best legal help, no matter where you are: 

  • Lawrenceville
  • Peachtree Corners
  • Stone Mountain
  • Suwanee

Atlanta Train Accident FAQs

Rail traffic in and around Atlanta is invariably heavy. Train travel in the area continues to be common, with Amtrak lines, MARTA commuter lines, and numerous freight-carrying lines converging on the city. With the sheer number of trains on the rails every day comes the possibility of more train accidents—including collisions with motor vehicles at highway and roadway grade crossings.

When it comes to rail operations in and around the City of Atlanta, railroad companies have a duty to use “extraordinary care” to prevent railroad accidents. When railroad companies and their employees, including train operators and conductors, fail to abide by this standard of care and an injury-causing accident occurs, then the rail company can be held responsible.

The train accidents that occur in and around Atlanta include:

  • Collisions between trains and motor vehicles, such as cars, trucks, and motorcycles at roadway and highway grade crossings
  • Collisions between trains that are operating on the rails
  • Pedestrian suicides and accidents where pedestrians trespass on railroad tracks or refuse to cross the tracks at a properly designated grade crossing
  • Errors made by train operators, conductors, and other individuals who are on board the train when the accident happens
  • Accidents that happen when a train derails
  • Accidents that occur when a railroad bridge unexpectedly collapses

If you or someone you love has suffered injuries as a pedestrian bystander or a passenger in one of these types of train accidents, then you should get the legal help that you need right away. The skilled Atlanta train accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you file a claim or lawsuit arising from one of these types of train accidents. Once we have filed your claim, we can assist you with negotiating a settlement of your claim and/or with filing a lawsuit in your case and beginning litigation in the Georgia state court system.

Railroad companies have a duty to use extraordinary care when it comes to train operations in and around the City of Atlanta. When a train driver or train company refuses to use reasonable care when operating a train, and an accident occurs that causes train occupants to suffer injuries, then the train driver and/or train company can be held responsible for the accident and any resulting personal injuries.

In a train accident case, the accident victim has the burden of proving that the train operator, train company, or someone else breached the applicable standard of care. The standard of care in a train accident case is reasonability. In other words, if the defendant train operator or some other person behaved unreasonably under the circumstances, then the accident victim could take legal action against those responsible parties.

Some of the ways a train operator could be negligent include:

  • Allowing for hazardous conditions and defects to be present on the rail company’s railroad tracks
  • Failing to sound the train’s whistle or horn before arriving at a grade crossing
  • Failing to keep crossing signals, crossing gates, and train signals in proper working order at all times and failing to make the necessary repairs on faulty train equipment
  • Carrying excessive train cargo
  • Failing to properly inspect engines, passenger cars, and freight rail cars, and make the necessary repairs to avoid accidents
  • Exceeding the speed limits for passenger and freight trains
  • Failing to hire experienced train operators, conductors, and other personnel
  • Allowing objects to hang out of the train, leading the object to collide with a pedestrian at a crossing or a nearby motor vehicle
  • Operator violations of safety laws, regulations, and rules pertaining to rail traffic in Georgia
  • Failing to properly maintain engines, rolling stock, and passenger train cars

If you or someone you care about has sustained injuries in a train accident that was caused by one or more of these acts of negligence, the experienced Atlanta train accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you prove that the other side was negligent and look to the at-fault person or entity’s insurance company for monetary compensation and damages in your case.

Train accidents can occur for a variety of different reasons, and several individuals and entities might bear full or partial responsibility for an accident. In many instances, train operators drive too fast, fail to obey signals and other controls, close doors too quickly (especially on commuter trains), or operate their trains while they are under the influence of drugs or alcohol.

Train operators can also be responsible if their negligent actions or inactions result in a collision with a pedestrian or vehicle at a grade crossing. Train operator negligence can also lead to an impact with another train on the rails, causing the individuals on board to suffer one or more serious injuries.

In addition to negligent train operators, train companies can also be responsible for the negligent acts of their drivers. Since train operators are presumably acting within the scope of their employment with the train company, the company may be liable for the driver’s negligence through a legal doctrine known as vicarious liability.

In addition, train companies can be responsible for negligence in retaining, hiring, or supervising a problem train operator—especially if that individual caused an accident in the past.

Finally, train companies are ultimately responsible for the conditions of their train cars, train stations, and passenger waiting platforms—and for maintaining these areas and keeping them safe at all times. If a slip and fall hazard exists, property owners and leaseholders must take steps to either warn about the hazardous condition or correct the condition so that it is made safe.

In addition to train operators and train companies, a dispatcher can be held liable for the consequences of a train accident. Dispatchers are the individuals who are responsible for train movements and switch positions. If a dispatcher makes a serious mistake, that mistake can result in a collision between two or more trains, causing the train occupants to become injured.

In some instances, the responsible party may be a government agency or municipality, and if that is the case, there may be one or more notice provisions that apply. These notice provisions must normally be complied with before filing a lawsuit directly against the government agency.

Finally, accidents on trains can result from defective products that malfunction, such as seats on passenger coaches. When that happens, the injured accident victim could file a claim or lawsuit against the product manufacturer or distributor, since these entities have a duty to properly design, manufacture, and market their products before they make them available to the public.

If you or someone you love has suffered an injury in a train accident, the experienced Atlanta train accident lawyers at Brauns Law Accident Injury Lawyers, PC can file a claim or lawsuit against all potentially responsible individuals.

In Georgia personal injury cases, including those pertaining to accidents and occurrences that involve trains, accident victims only have a short deadline to file a lawsuit. Specifically, they must file their lawsuit within two years of the date on which they suffered their injuries in the accident.

This hard-and-fast statute of limitations applies in almost every case. Therefore, if the accident victim fails to file suit within the two-year deadline, the law will preclude them from ever asserting a damage claim in the future.

Start your train accident claim as soon as you can. If you wait, you risk losing access to evidence important to your case. In addition, while you have no lawyer representing you, there is a chance that you could do something that could hurt your case. Insurance companies are certainly not above taking advantage of unrepresented victims, so you should retain an attorney as soon as possible.

The experienced Atlanta train accident lawyers at Brauns Law Accident Injury Lawyers, PC can assist you with filing your claim or lawsuit against all potentially responsible parties in your train accident case. We can then pursue the monetary compensation that you deserve for your injuries.

Once your lawyer files a lawsuit in your Atlanta train accident case, the parties will begin the litigation process. As part of the litigation process, the parties will exchange answers to written questions called Interrogatories, and the plaintiff will usually need to participate in a deposition.

The discovery process allows each side of the case to learn more about the other side’s version, including the plaintiff’s recollection of how the occurrence happened, the injuries he or she suffered in the occurrence, and whether the plaintiff suffered a permanent injury as a result of the occurrence.

The experienced Atlanta train accident lawyers at Brauns Law Accident Injury Lawyers, PC can help you throughout the litigation stage of your case to pursue a favorable resolution of your claim, via settlement, trial, or some form of alternative dispute resolution.

Train accidents can result in serious injuries. Accident victims may suffer a fracture or broken bone, soft tissue contusion (such as a muscle sprain or strain), traumatic head injury, or internal injury, to name only a few. Assuming an accident victim can prove all of the other legal elements of a train accident claim, train accident victims are eligible to pursue monetary compensation for their injuries.

The types and amounts of monetary damages that an accident victim can recover depend on the severity of the injuries sustained, as well as how the accident victim suffered injuries. Accident victims can recover monetary compensation for all related medical treatment and procedure bills, lost earnings, pain and suffering, loss of earning capacity, inability to use a body part, loss of enjoyment of life, and loss of spousal support and companionship connected with the train accident.