Bus and train accidents can be devastating, and those involved can sustain severe or catastrophic injuries. These can be long-lasting and lead to significant financial and personal losses. If you or a loved one is suffering from injuries from a MARTA (Metropolitan Atlanta Rapid Transit Authority) bus or train accident caused by negligence, you might be entitled to compensation for your injuries, medical care, and suffering.
At Kaine Law, our MARTA accident lawyers fight for the rights of injury victims and their loved ones and work to prove liability and identify all the damages they deserve for their losses. Our personal injury lawyers can examine your case and explain your legal options for compensation.
How Kaine Law Can Help You With Your MARTA Accident Claim
Personal injury claims, especially those related to public transportation, can be complex, and it may be challenging to navigate the various rules and regulations set by the Georgia Department of Public Safety (DPS) that apply to these cases. A MARTA accident attorney can handle all the tasks required to determine liability and secure the compensation injury victims need to cover their losses. These include, but are not limited to, the following:
- Investigating the accident and collecting evidence
- Gathering and preserving documentation, including accident reports and medical records
- Researching laws and regulations that transportation companies are required to follow
- Working to establish negligence and liability
- Identifying and calculating all injury-related losses
- Communicating and negotiating with liable parties and insurance companies
- Filing a lawsuit and providing representation in a trial, if applicable
For a free legal consultation with a marta accident lawyer serving Decatur, call 404-214-2001
What Forms of Compensation Can Be Recovered in a MARTA Accident?
Even relatively minor injuries can be costly, but severe, life-changing injuries can be especially detrimental to a person and their family financially, emotionally, and physically. Losses in a personal injury claim are referred to as damages, and they can be both economic and non-economic in nature. They may include the following:
- Medical bills, such as for emergency services, hospital stays, surgeries, rehabilitation, physical therapy, diagnostic tests, medication, and visits to doctors and specialists
- Lost income resulting from missed work time
- Diminished earning capacity, or future loss of income due to a chronic or permanent disability
- Physical pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Loss of quality and enjoyment of life and formerly important activities
The statute of limitations in Georgia (O.C.G.A. § 9-3-33) for personal injury claims is generally two years from the date the injury was suffered. This means that injured victims have two years to file a claim, or they may forfeit their right to compensation.
Decatur MARTA Accident Lawyer Near Me 404-214-2001
Compensation for Wrongful Death Claims After a MARTA Accident
If you’ve lost a loved one due to a MARTA accident involving a bus or train, you might be eligible to pursue a wrongful death claim (O.C.G.A. § 51-4-2). Persons that qualify to file according to their relationship to the decedent include the following, in this order:
- Surviving spouse
- Surviving children, if no spouse
- Surviving parents, if no spouse or children
- The executor of the estate
Damages that may be recovered in a wrongful death claim include funeral and cremation expenses, the decedent’s outstanding medical bills, and the family member’s loss of the decedent’s love, guidance, and support.
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Establishing Negligence and Liability in A MARTA Accident Case
Most personal injury claims involve proving negligence, which can be defined as the failure to do what would be expected of an “ordinary” or “reasonable person” under similar circumstances.
Four elements are required to prove negligence in a personal injury claim:
- Duty of care: This is an obligation to others to act in ways that avoid causing them harm. This duty can vary depending on who is considered liable. For example, a MARTA bus or train operator would be expected to follow transportation laws and ensure that passengers, other vehicles, and pedestrians are safe and not injured as a result of their actions.
- Breach of duty: If a bus or train operator fails in their responsibility to prevent harming others, this would be considered a violation or “breach” of duty.
- Causation: The bus or train operator’s breach must have caused the harm suffered by the person pursuing a personal injury claim. In other words, the injuries would not have occurred “but for” the operator’s carelessness or negligence.
- Damages: The injured person must have sustained financial or personal losses as a result of the accident and their injuries.
A MARTA accident lawyer can help you determine which party is at fault and liable for your injuries. In some cases, multiple parties may be considered partially responsible and will therefore share liability.
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Potential Defendants in a MARTA Bus or Train Accident Case
MARTA bus and train accident claims aren’t always entirely the fault of the operator or the carrier. For example, if a part or system failed on the bus or train, the manufacturer of the component could be held responsible, which would fall under a legal principle known as strict liability, and proving negligence is not required.
If there was a problem with the bus or train’s maintenance, repair, or part installation, the mechanic or shop hired to handle these duties may be partially or wholly liable for an accident that occurred as a result of their mistake.
In some cases, other drivers or multiple drivers are at fault. A bus or train operator could share responsibility for an accident with the driver of a passenger vehicle, or a car could ignore a crossing light and cause a train operator to react and cause an accident.
Work With a MARTA Accident Attorney at Kaine Law Today
After a bus or train accident, you may suffer from trauma, pain, and medical expenses that have a tremendous impact on your life. Seeking justice from those responsible may be within your legal rights, and you are encouraged to pursue it as soon as possible.
At Kaine Law, we understand what you’re going through and will do everything within our power to secure you the compensation you deserve for your injuries and related losses. To get started, contact us today for a free, no-obligation case review and to learn more about our dedication to our clients and no-fee guarantee.