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.
