When a freight train derails in Macon or a commuter train crashes in Atlanta, they can leave victims with catastrophic injuries and families grieving unimaginable loss. The weight, speed, and force involved in a train wreck mean that survivors often face a lifetime of medical care, disability, or financial hardship. At McArthur Law Firm, our attorneys hold railroads and their insurers accountable, and we know how these companies work to protect themselves instead of the people they harm. Our role is to step in and fight for the victims when powerful corporations fail to take responsibility.
Georgia Train Accident Lawyer
Train accident litigation is among the most challenging areas of personal injury law because it involves both state and federal safety standards, highly technical evidence, and corporate defendants who have virtually unlimited resources. These cases demand an attorney who understands the unique issues at stake and who is not afraid to stand up to railroad companies in court. In this piece, McArthur Law Firm outlines key information every victim and family should know after a Georgia train accident—including how accidents happen, who may be at fault, the rights of those injured, the damages that may be pursued, and how a dedicated Georgia train accident lawyer can fight to obtain justice and full compensation for those affected.
McArthur Law Firm serves the entire state of Georgia, including: Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and surrounding communities. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your train accident and/or injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Overview of Georgia Train Accidents
- Major Types of Train Accidents in Georgia
- Injuries From Train Accidents
- Common Train Accident Locations in Georgia
- Train Accident Liability in Georgia
- The Role of a Georgia Train Accident Lawyer
- Frequently Asked Questions About Train Accidents
- Resources
Major Types of Train Accidents in Georgia
Collisions With Vehicles at Crossings — One of the most common and dangerous events occurs when a train strikes a car, truck, or bus at a railroad crossing. In Georgia, drivers must stop when crossing signals, gates, or warnings are active under O.C.G.A. § 40-6-140, and trains always have the right of way. However, accidents still happen when railroad companies fail to maintain safe crossings, when warning systems malfunction, or when visibility is poor at rural intersections. Because trains cannot stop quickly, these collisions often lead to devastating injuries and loss of life for drivers and passengers in smaller vehicles.
Derailments — When a train leaves the track, the destruction can be widespread and life-altering. Derailments often stem from broken rails, track defects, excessive speed, or operator error. Georgia enforces federal track safety standards through state oversight, yet problems with inspections or delayed repairs can still allow hazards to go unchecked. A single derailment can cause injuries to dozens or even hundreds of people and destroy property along the rail corridor. Victims may include passengers, railroad workers, and people in nearby neighborhoods or businesses.
Train and Pedestrian Accidents — Pedestrians face extreme risk around train tracks and stations. Under O.C.G.A. § 40-6-140 and related statutes, walking on railroad tracks is prohibited except at designated crossings, but violations are common. Even when individuals obey the law, poorly designed crossings, lack of barriers, or malfunctioning warning devices can still put them in danger. Train and pedestrian accidents often result in fatalities or catastrophic injuries, as the force of a moving train leaves little chance of survival.
Train and Train Collisions — When two trains collide head-on or in rail yards, the consequences are nearly always severe. These accidents may be caused by signaling errors, miscommunication between operators, or failures in dispatching systems.
Mechanical or Equipment Failures — Defective brakes, faulty couplers, or malfunctioning track switches can cause sudden and uncontrollable wrecks. Railroad companies and manufacturers are expected to ensure that engines, cars, and track components meet strict safety standards. When they fail, passengers and workers may be left facing catastrophic harm that could have been prevented with proper care.
Hazardous Material Spills — Freight trains regularly carry chemicals, fuels, and other hazardous materials across Georgia. When a derailment or collision releases these substances, entire communities can be put at risk. Toxic exposure, fires, and explosions are all possible outcomes. Georgia law, including O.C.G.A. § 12-8-62, outlines duties for the handling and emergency response to hazardous material spills. Such events not only endanger train passengers and crew but can also harm first responders, residents, and businesses near the accident site. The long-term environmental impact can add another layer of damage for victims and their families.
Injuries From Train Accidents
Broken Bones and Fractures — The force of a train accident almost always causes some form of bone injury. Victims commonly suffer broken arms, legs, ribs, or pelvises, which can require multiple surgeries and long recovery times.
Severe Crush Injuries and Amputations — When people are trapped under debris, vehicles, or train cars, the crushing force can permanently damage limbs or require amputation. This type of injury is tragically common in train and pedestrian accidents.
Traumatic Brain Injuries — Sudden blows to the head or violent jolts can lead to concussions, skull fractures, or traumatic brain injuries. These injuries often affect memory, balance, and long-term brain function.
Spinal Cord Damage and Paralysis — Impact from derailments or collisions can fracture vertebrae or sever the spinal cord. This can cause paraplegia or quadriplegia, requiring lifelong medical care and mobility assistance.
Internal Injuries and Organ Damage — Victims often suffer internal bleeding or organ damage due to blunt force trauma. These injuries are dangerous because they may not be immediately obvious, yet they can quickly become life-threatening.
Severe Burns — Fires can ignite when fuel tanks rupture or electrical systems fail. Burn injuries are less common than fractures or head trauma, but when they occur, they cause immense pain, scarring, and disfigurement.
Chemical Exposure — Freight trains that spill hazardous substances can expose victims to toxic chemicals. While rarer than other injuries, these incidents may cause long-term respiratory problems, skin damage, or cancers years after the initial accident.
Psychological Trauma — Though not always visible, post-traumatic stress disorder (PTSD), depression, and anxiety are frequent among survivors. These conditions can affect daily life just as much as physical injuries and often require extensive counseling or therapy.
Common Train Accident Locations in Georgia
Macon Train Accident Hotspots — Macon sits at a key junction for both CSX Transportation and Norfolk Southern Railway, two of the largest freight carriers in the Southeast. The city has multiple crossings where freight trains run through residential neighborhoods, industrial districts, and near schools. Accidents are more likely to occur at crossings along Ocmulgee East Boulevard, Emery Highway, and Riverside Drive, where long freight trains regularly slow or stop traffic. Several rural crossings just outside the city limits are also considered dangerous because they lack full protective gates and rely only on warning signs or flashing lights. These “passive” crossings are among the riskiest locations for collisions between trains and vehicles.
Atlanta Train Accident Hotspots — Atlanta is one of the busiest rail centers in the United States, with dozens of daily trains serving Amtrak, MARTA, CSX, and Norfolk Southern. Heavy rail activity, combined with high population density, creates many areas of concern. Notable hotspots include the Peachtree Amtrak Station, where passenger traffic mixes with freight lines, and crossings near Inman Yard, one of Norfolk Southern’s largest freight facilities. Areas around Midtown and Downtown Atlanta also present risks because commuter trains intersect with pedestrian walkways and dense vehicle traffic. On the south side of the city, rail lines near Hapeville and East Point are frequent sites of close calls and reported incidents, as freight trains share corridors with busy highways and local roads.
Wrongful Death at Dangerous Railroad Crossing in Macon
When railroad crossings are poorly designed or maintained, they can turn routine drives into life-threatening encounters. Tragically, this was the reality at the Tucker-Forsyth Road railroad crossing in Macon, where 76-year-old Cheryl Rawls lost her life in November 2024. The incident underscores how systemic safety failures at crossings can create deadly conditions for drivers and their families.
With the help of the McArthur Law Firm, the Rawls family has filed a $60M wrongful death lawsuit in Bibb County State Court, naming Norfolk Southern, the Georgia Department of Transportation, and Macon-Bibb County officials as defendants. The claim alleges multiple failures that made the Tucker-Forsyth Road crossing a public hazard, including:
- Defective traffic signal timing that trapped vehicles on the tracks.
- Faded or missing pavement markings, leaving drivers without clear guidance.
- Poor coordination between traffic lights and railroad signals, causing confusion and danger.
- Failure to stop or slow the train, even though the crew had a clear view of Cheryl’s trapped vehicle.
Train Accident Liability in Georgia
Railroad Companies — Railroad companies in Georgia, such as CSX Transportation and Norfolk Southern, have a legal duty to exercise ordinary care in operating their trains and maintaining tracks, crossings, and safety systems. Under O.C.G.A. § 46-8-290, a railroad company — along with its officers, agents, and employees — is liable for any injuries to persons or damage to property caused by the carelessness, negligence, or improper conduct of the company or its personnel in the running of its trains or engines.
This liability applies regardless of any company rules, notices, or regulations that attempt to limit responsibility. In practice, this means a railroad may be held accountable for failing to repair defective tracks, maintain warning signals, properly train engineers, or otherwise ensure safe operations.
When a railroad’s failure to follow these safety obligations results in an accident, victims can seek damages for their injuries and losses under Georgia negligence law (O.C.G.A. § 51-1-2).
Government Entities — Local and state governments in Georgia may also bear responsibility when they fail to properly maintain public crossings, signage, or roadway approaches to train tracks. Under the Georgia Tort Claims Act (O.C.G.A. § 50-21-23), state or municipal agencies can be held accountable for negligence in maintaining safe conditions. However, claims against government entities are subject to strict notice rules and shorter deadlines than claims against private companies.
Train Manufacturers and Maintenance Contractors — When a train accident results from defective equipment—such as faulty brakes, failed couplers, or malfunctioning track switches—manufacturers or maintenance companies may be responsible under Georgia’s product liability statute (O.C.G.A. § 51-1-11). This law allows injured victims to bring claims directly against manufacturers or suppliers when products are unsafe or improperly designed.
Third-Party Drivers or Pedestrians — Sometimes, accidents occur when outside individuals act carelessly, such as a driver who attempts to beat a train at a crossing or a pedestrian who ignores posted warnings. In those situations, liability may fall partly or entirely on the negligent third party. Georgia follows a modified comparative negligence system under O.C.G.A. § 51-12-33, which means a victim’s damages can be reduced if they share fault, but recovery is barred only if the victim is 50% or more at fault.
The Role of a Georgia Train Accident Lawyer
Case Investigation and Evidence Collection — A Georgia train accident lawyer begins by securing evidence such as black box data, track inspection reports, and safety records. Lawyers also work with train accident reconstruction experts to determine how the accident happened and who is legally at fault under Georgia law. Without this level of investigation, victims may never uncover the true cause of the crash or the parties responsible.
Handling Insurance Claims and Lawsuits — Dealing with railroad insurers is far different from filing a simple car accident claim. Railroads have powerful insurance companies that often deny or minimize payouts. A lawyer’s role includes negotiating directly with these insurers, filing lawsuits when necessary, and making sure claims meet the strict deadlines under Georgia law. By doing so, victims and families avoid being pressured into unfair settlements.
Damages a Lawyer Fights For — The scope of losses in a train accident is often much greater than in an ordinary personal injury case. A Georgia train accident lawyer pursues damages for emergency and long-term medical care, lost income, pain and suffering, and loss of quality of life. In wrongful death cases, attorneys seek compensation for funeral expenses and the financial and emotional harm to surviving family members. Because train accidents can cause permanent disability, disfigurement, or even community-wide harm when hazardous materials are involved, these cases require attorneys who are prepared to fight aggressively for full compensation.
Frequently Asked Questions About Train Accidents
How long does a train accident claim usually take?
A train accident claim in Georgia can take months or even years depending on the complexity. Investigations, expert reports, and negotiations with railroad insurers add time, but a lawyer helps move the process forward.
What steps should someone take right after a rail accident?
After a rail accident, victims should call 911, seek immediate medical care, and document the scene with photos if possible. It is also critical to contact a lawyer quickly to preserve evidence before the railroad company removes it.
How is fault proven in a railroad accident case?
Fault is proven through evidence such as black box data, eyewitness statements, maintenance records, and safety reports. In Georgia, a railroad accident lawyer uses this evidence to show how negligence or safety violations caused the crash.
How much is a Georgia train wreck case worth?
The value of a Georgia train wreck claim depends on medical costs, lost wages, long-term disability, and pain and suffering. Serious injuries and wrongful death cases may result in significant compensation with skilled representation.
Can a passenger sue after a rail accident in Georgia?
Yes, passengers injured in a rail accident can bring claims for damages. Whether riding Amtrak, MARTA, or a commuter line, Georgia law allows injured passengers to seek compensation for medical expenses, lost income, and suffering.
What damages are available in a railroad accident lawsuit?
Victims of a railroad accident may recover damages for medical bills, lost wages, pain and suffering, disability, and in some cases wrongful death. Georgia law allows claims that reflect both financial and emotional harm.
Does insurance cover victims of a train crash?
Railroad insurance may cover victims of a train crash, but insurers often try to pay less than what is fair. A lawyer negotiates aggressively to make sure Georgia victims are compensated for injuries and losses.
Resources
US Department of Transportation – Georgia Train Accidents — This source provides official statistics from the U.S. Department of Transportation about train accidents in Georgia. It includes accident counts by year, grade crossing fatalities and injuries, and other transportation safety data.
U.S. Senator Jon Ossoff – Rail Safety in Georgia — This source covers statements and actions by U.S. Senator Jon Ossoff related to train derailments and rail safety in Georgia. It details his inquiries with CSX Transportation about safety concerns, recent derailments, and efforts to secure federal funding for rail safety projects. The page also outlines broader initiatives to improve transportation safety across the state through grants and legislation.
Fox 5 Atlanta – MARTA — This source is a news page from Fox 5 Atlanta focused on MARTA, the Metropolitan Atlanta Rapid Transit Authority. It covers transit-related developments, including safety issues, crime reports, system upgrades, leadership changes, and public concerns. Readers can find recent news articles about incidents on MARTA trains and stations, investigations, and updates about transit system projects.
NTSB – Railroad Passenger Accident Investigations — This source from the National Transportation Safety Board explains how passenger rail accident investigations are handled. It provides information for survivors, families, and friends about the investigation process, family assistance, counseling services, personal effects, and accident reports.
Bureau of Transportation Statistics – Train Fatalities, Injuries, and Accidents — This source presents national statistics on train fatalities, injuries, and accidents by accident type. The dataset includes information for both passenger and freight railroads, excluding highway-rail grade crossing accidents.
Federal Railroad Administration – Accident Data, Reporting, and Investigations — This source details how the Federal Railroad Administration collects and investigates train accident data. It explains reporting requirements for railroads, accident classifications, and the criteria for Class A and Class B investigations.
Hire a Personal Injury Lawyer for Train Accidents in Atlanta, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout the surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
