Train accidents, though rare, are characterized by severe consequences and complex legal proceedings. In Georgia, the railway operator involves Georgian Railway, which owns and operates a source of increased danger (trains and infrastructure). Under civil law, the railway bears strict liability for any harm caused to a passenger, third party, or their property resulting from train operations, unless the damage was caused by force majeure or the victim's intent. This service involves legal assistance for victims — whether a passenger injured inside a carriage or a driver/pedestrian harmed at a railway crossing. The lawyer's goal is to prove the railway's liability and secure substantial compensation.
What does this service cover?
Train accident claims include:
- Incident Investigation: Determining the causes of the accident — was it a technical malfunction, operator error, or infrastructure failure (e.g., open barrier).
- Medical and Property Damage Assessment: Determining the severity of health injuries, calculating treatment costs, and auditing property loss.
- Negotiation with Georgian Railway: Filing a claim and negotiating compensation out of court. Large companies often try to settle disputes amicably.
- Litigation: Filing a lawsuit for damages if the company refuses to accept responsibility.
- Insurance Issues: Claiming compensation within the scope of the railway's civil liability insurance.
Common Real-World Scenarios
Examples of railway incidents:
- Crossing Collision: A car was struck by a train at a crossing where the signal was not working or the barrier was not lowered. The railway is liable for violating safety norms.
- Passenger Injury: A passenger suffered bodily injury due to sudden braking or derailment of the train.
- Platform Incident: A passenger fell onto the tracks or was injured due to a poorly maintained platform.
- Cargo Damage: Business cargo was destroyed during transport due to an accident.
Georgian Legal Framework
The main legal basis is Article 999 of the Civil Code of Georgia (Liability of the owner of a source of increased danger). This article establishes that the railway is liable for damages regardless of fault (strict liability), except in cases of force majeure. Also applicable are the Law on Railway Transport and technical regulations regarding operation rules.
Process: How does a specialist work?
The lawyer requests investigation materials and technical reports. If the accident occurred at a crossing, the functionality of the signaling system is checked. The lawyer prepares a substantiated claim addressed to the railway administration. In case of refusal, a lawsuit is drafted. In court, the lawyer proves the causal link between the railway's operations and the damage occurred.
Why Legal.ge?
Disputing with a state company (Railway) is difficult as they have significant resources. On Legal.ge, you will find lawyers with experience in transport disputes who know how to use legislation in favor of the victim. We will help you receive full compensation for medical treatment and destroyed property.
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