Railroad crossing accidents fall into the most severe category of transport incidents, often resulting in fatalities or serious health injuries. A collision between a train and a vehicle (or pedestrian) causes immense material and physical damage. Legally, these disputes are highly complex as they involve the liability of "Georgian Railway" (as the owner of a source of increased danger), road infrastructure authorities, and the vehicle driver. Victims often mistakenly believe that the railway is always right because a train "cannot give way," but this is a misconception. In reality, maintaining crossings, ensuring functional warning signs, traffic lights, and barriers is the responsibility of the railway or the municipality. If an accident was caused by infrastructure failure (e.g., the warning signal didn't activate or the barrier didn't lower), the victim has the full right to demand compensation.
What does the Railroad Crossing Accidents service cover?
This service involves protecting the interests of victims (drivers, passengers, pedestrians) and includes:
- Accident Scene Reconstruction: Involving experts to determine the condition of the crossing at the moment of the accident (visibility, signs, signaling).
- Technical Expertise: Analyzing train speed, braking distance, and the driver's reaction time.
- Liability Determination: Establishing whether the railway violated safety norms (e.g., clearing bushes from the line of sight).
- Damage Calculation: Precise calculation of medical expenses, property damage, disability, and moral damages.
- Negotiations and Litigation: Representation with "Georgian Railway" and insurance companies, as well as filing a lawsuit in court.
Common Scenarios and Needs
Disputes often arise under the following circumstances: Malfunctioning Signals: The traffic light didn't flash or the sound signal didn't work when the train approached. Restricted Visibility: Trees or buildings grown near the crossing prevented the driver from seeing the oncoming train. Poor Crossing Condition: Due to asphalt damage, a vehicle got "stuck" on the tracks. Train Driver Negligence: The train was moving faster than permitted in a populated area or failed to sound a warning signal.
Georgian Legislation and Regulations
Cases in this category are regulated by the Civil Code of Georgia (Article 999 - Liability of the owner of a source of increased danger). The railway, as an object containing increased danger, is obliged to compensate for damage unless it proves that the damage was caused by force majeure or the victim's intent. Also important are the Law of Georgia "On Railway Transport" and technical regulations defining standards for crossing arrangements. Criminal liability (if the accident resulted in casualties) is regulated by Articles 276 or 275 of the Criminal Code (violation of transport operation rules).
Step-by-Step Process
The process begins with requesting and studying investigative materials (diagrams, protocols). The lawyer appoints an independent engineering-traceological expertise. If the culpability (or objective liability) of the railway or road owner is established, a claim demanding compensation is sent. In case of refusal, a lawsuit is filed in court. In court, the main argument is often that the railway failed to ensure safety measures, leading to the collision.
Why Legal.ge?
Disputes with the railway require specific technical and legal knowledge. Legal.ge connects you with lawyers experienced in transport disputes and tort law. Our specialists will help you prove the truth and receive substantial compensation for damages that could have been avoided if safety standards had been met.
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