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Macon Railroad Accident Attorney

The railroads of America crisscross the nation, and unfortunately there are several hazards for those that work on the railroads. While the courts have enacted several measures to the benefit of the employees of the railroad companies, anyone injured in a railroad accident should know that injuries may be the result of another’s irresponsibility.

Nelson & Smith Attorneys at Law are skilled and experienced personal injury attorneys and provide a specialized, aggressive approach to pursuing damages for our clients. Working on a railroad used to be one of the deadliest jobs in the country, and although several advances in technology and safe railroad practices have lessened the dangers surrounding the industry, railroads continue to be hazardous for a number of reasons.

Determine the Factors of the Accident

Railroad accidents often cross over into negligence or product liability, so your attorney needs to be able to navigate all of the details of your case.

The Federal Railroad Administration (FRA) regulates safety standards for railroad companies, their employees, and their practices. Environmental factors sometimes cause train accidents as well. Some of the most common causes of railroad accidents include:

  • Other vehicles can sometimes become stuck at railway intersections with regular roads. Storms may cause trees to fall over railroad tracks, and avalanches or rockslides can block them. Bridges and tunnels could also potentially collapse and obstruct the railway.
  • Mechanical failures. Any failure in the mechanics or wiring of the train, its operating system, or the signaling and track control devices can result in a train accident. If a part of the track was milled incorrectly, or the wheels on the train were defective, those things may constitute a product liability claim against the manufacturer.
  • Track problems. The train may be perfectly functional and well-maintained, but damaged rails are extremely dangerous. They are carefully gauged a certain distance apart so the train maintains balance and momentum. The metals of the rails can become warped or broken, resulting in derailment.
  • Poor maintenance. Trains, signaling systems, and the tracks must be carefully and regularly maintained. If tracks are laid or re-laid incorrectly, it can easily cause a train accident.
  • Human error. Trains require careful conductors. Braking or accelerating incorrectly can result in momentum shifts among the cars which need to function cohesively. Signalmen must also ensure that two trains don’t have access to the same track at once.

Collecting Damages

Any of these factors may contribute to a railroad accident injury. If you were traveling on a passenger train and were hurt in a derailment, it’s crucial to find out exactly what caused it. If the driver was not performing his or her duties carefully, or was operating the train while intoxicated, you may be able to claim negligence and collect damages for any injuries suffered, and possibly punitive damages as well.

Train companies are required to perform routine maintenance and follow FRA guidelines, so any shortcomings on their part in terms of the quality of their equipment, the training of their employees, poorly serviced tracks and train cars, or unsafe operations will strengthen your case. Pursuing a railroad accident personal injury claim is never simple. You will often be forced to prove negligence on the part of the operator, or liability of the train company.

No matter what your situation entails, Nelson & Smith have the legal experts that know what goes into successful railroad injury claims, and we will vigorously pursue just compensation for our clients. If you have questions about railroad accident laws, or think you may have a case, visit our website or reach out to us today to start reviewing the details. We’ll provide compassionate, expert legal counsel in any railroad injury case.