After a Metropolitan Atlanta Rapid Transit Authority (MARTA) accident, the first thing to do is seek medical care. You should also report your accident to MARTA officials and local police. These reports can strengthen your injury claim later and provide valuable information to your Atlanta MARTA accident lawyer.
Track your injuries, treatment plan, income losses, and any other accident-related expenses and losses. If you or someone you love was injured in a MARTA train accident, you should focus on protecting your health and your right to compensation.
Take Immediate Action After a MARTA Accident
Your physical and financial recovery are both important parts of your recovery from an accident. Keep getting any medical care you need to recover from your injuries as fully as possible. A delay in medical treatment can result in a worsening of your symptoms and injuries and potentially damage your case.
Similarly, you have a limited time to file your lawsuit against the liable party. Georgia’s personal injury statute of limitations generally gives you two years to file, according to O.C.G.A § 9-3-33. However, as MARTA is government-owned, you generally only have six months to file a claim against the organization, according to O.C.G.A. § 36-33-5.
If either deadline expires, you could inadvertently relinquish your right to sue for damages. The court will refuse the filing of your personal injury lawsuit, and the insurance company may stop negotiating.
Report Your Accident to MARTA Officials and Collect Witness Details
You have a limited time to report your accident and may have to comply with MARTA’s reporting and notification guidelines. Other injured train passengers could provide information on the accident’s cause and experience from varying points of view. This objective information can bolster your case and support your right to damages.
In addition to fellow passengers, consider getting information and statements from MARTA conductors and other personnel. If possible, connect with bystanders who may have captured smartphone footage of the accident. Retain copies of any correspondence between you and MARTA officials and administrators.
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Track Your MARTA Train Accident Expenses and Losses
Treating the injuries you sustained in a train accident can be costly and extensive. Track all the costs you incur since these are recoverable as part of your compensatory damages. Include all medical bills, like emergency fees, hospital admissions, rehabilitation, therapy, medications, and assistive medical devices.
You should also track the immediate and ongoing costs of:
- Lost wages from all income sources
- Repairing or replacing damaged property
- Physically disabling or disfiguring injuries
- Physical and emotional pain and suffering
If a loved one suffered catastrophic injuries and did not survive the accident, your family can seek a range of wrongful death damages. Keep track of any funeral and burial expenses and the costs of losing your loved one’s financial support.
Learn as Much About the Accident and its Cause as Possible
While MARTA could be a defendant in your case, other negligent parties may also exist. If the train accident was caused by:
- A faulty train part or component, its manufacturer could bear full or partial financial liability for the accident
- A mistake in a repair to the train or a lack of appropriate maintenance and upkeep, the repair facility could be at fault for the accident
A detailed and objective investigation into every aspect of your accident can help you understand why it happened and who is liable. This type of investigation can be difficult to manage alone, and you could benefit from hiring a personal injury attorney.
Collect Evidence at the Scene of the MARTA Accident, if Possible
When you request compensation after a train accident, the liable party and their insurance representatives will demand proof of their policyholder’s fault. They will also demand proof of the expenses and losses you suffered as a result of the accident.
Evidence that may strengthen your personal injury claim includes:
- Accident-related medical records and bills
- Employment and salary history records
- Accident scene photos and video footage
- Accident reconstruction report results
- Statements from lay and expert witnesses
- Train repair and maintenance records
- Train operator employment and training records
Your ongoing medical records and bills are also an important part of your evidence collection. They document the cause of your injuries and their immediate and ongoing costs. Your medical prognosis can help you receive financial compensation for any treatment you will require after your legal case concludes.
Determine What Caused the MARTA Train Accident
To pursue financial compensation for a train accident, your train accident lawyer must prove MARTA, its employee, or another at-fault party, was negligent in causing your accident. That means proving the following elements of negligence, according to Georgia law:
- Duty of care: The at-fault party had a legal duty to act responsibly.
- Breach of duty: The at-fault party failed to meet their legal obligation.
- Causation: The at-fault party’s action caused the accident.
- Damages: The accident left you with negative financial consequences.
If the cause of your accident meets these parameters, you can sue MARTA or another negligent party for your post-accident costs. Some commonly reported causes of train accidents include track defects, track derailments, signal malfunctions, driver error, and driver distraction. Your attorney’s thorough investigation will get to the bottom of the accident you were involved in.
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Get a Free Review of Your MARTA Train Accident Case
MARTA buses and trains are responsible for safely transporting people all over the Atlanta metro area. If you or a loved one was injured on a MARTA train, you can file an insurance claim or lawsuit for compensation.
Handling the legal aftermath of the accident can be confusing on your own. Our personal injury lawyers know what to do after a MARTA train accident and how to help you fight for the compensation you need and deserve. Find out how hard our MARTA accident lawyers will go to bat for you. Contact our legal team at Kaine Law to get started today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
