Overview
Railroad accidents almost always involve permanent injury or death. Train companies are extremely profitable and are very accustomed to defending themselves after a devastating train accident occurs. It is imperative that one obtains photographs of the accident scene immediately after the accident from many different angles. For instance, vegetation that was blocking a train owned interesection might suddenly "disappear" in the days following a train accident. Also, if you are an individual who was injured in a railraod accident, make no statements to anyone about the train accident except your treating physicians or your lawyers. Truthful statements you make in an attempt to be helpful can easily be misinterprented and turned against you. Consult a lawyer before paying a ticket or appearing in court, even if you believe you were partially at fault. Admissions made in traffic court could hurt your case. Never give a statement to anyone from the train company or anyone representing a train company after an train accident. Crashing a train is nothing new to train companies and they are well trained in investigating train accidents and taking statements to be used for their benefit at a later date.
Federal Law and its Effect on Railroad Litigation in Georgia
Because railroad companies operate nationally and are involved in interstate commerce, federal law and federal court decisions have seriously encroached upon injured Georgians when bringing a case against a train company. A doctrine known as "pre-emption" has recently allowed federal courts to limit the type claims that can be brought forward and it is very important to hire an attorney with recent railroad litigation in the federal courts when hiring a Georgia railroad accident attorney. Georgia law has always been more friendly to those injured in train accidents than the federal law. But, the trend now is for national train companies to remove train accident litigation cases to federal court and then argue that all of the claims brought forth by someone injured in a train wreck should be governed by federal law making a successful outcome much more unlikely.
Recent federal pre-emption in train accident lawsuits does not mean that it is impossible to prevail. However, it does mean that someone injured in a Georgia train accident needs a lawyer who 1) has recent train litigation experience; and 2) is experienced in the federal court system. Train accidents don't happen everyday and finding an attorney with train accident litigation experience can be more difficult than one might think. In train accident litigation, it is common place for each side to have multiple experts to analyze the data event recorder found on the train, line of sight issues, physics, etc . . . To say that railroad accident litigation is time-consuming and costly is an extreme understatement. There are legal issues involved with litigating a train accident that go far beyond what is generally needed to know to litigate an automobile accident.
We look forward to hearing from you regarding your potential Georgia railroad accident claim. If you have any questions or concerns, please contact us. You may use our interactive to the left, send us an email, or call us at 404.521.3455.
Attorney Representation in Atlanta Since 2000
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Atlanta, Georgia 30308
The law office of Panessa & Associates, LLC represents clients located throughout the state of Georgia, including the communities of Atlanta, Sandy Springs, Smyrna, East Point, Marietta, Sandy Point, Duluth, Fairburn, Decatur, Jonesboro, Athens, Macon, Canton, Lawrenceville, Wilburn, union City, Roswell, Warner Robins, Gainesville, Fulton County, Douglas County, Clayton County, and Fayette County.