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by The Stoddard Firm - April 27th, 2022
Train stations don’t need to be dangerous places. There’s no ironclad reason why MARTA commuters should have to stand next to sheer drops, leading down to electrified rails and into the path of the trains themselves, without so much as a handrail to protect them.
Airports don’t gather passengers along the side of the runway as they wait for their planes. High rise buildings don’t leave their elevator shafts hanging open when the elevator car itself is elsewhere. Yet train stations, including those run by MARTA, subject people to comparable risks every day as part of normal operations.
The consequences for train commuters have been predictably grisly, not just on rare occasions, but over and over again. Our MARTA accident lawyers can help if you or a loved one have been injured.
On the morning of April 5th, at the Midtown station on 10th street, a man fell onto the southbound track and was fatally struck by a train. Emergency crews worked for several hours to extract the remains of the 71-year-old, who was later identified as Thomas Howard.
What was MARTA’s eminently sensitive response to the loss of Howard’s life? This tweet:
“Due to a trespasser on the trackway at Midtown, MARTA is offering subsidized transportation through MARTAConnect. Use the following link for a $15 Uber credit.”
The MARTA Police, a force entrusted with the safety of MARTA passengers, was also quick to present Howard as a trespasser, emphasizing in an interview with FOX that he was standing in a restricted area before his fall.
This is not the first time, however, that MARTA has hurriedly blamed a “trespasser” for a horrific accident and subsequent service delays, without waiting for a full investigation. The service made a nearly identical statement just three months earlier about another victim who fell onto the tracks, in spite of indications that his fall was due to a medical incident.
MARTA’s credibility on the subject of its own train accidents is, at the very least, highly suspect at this point. Based on the service’s public behavior, it seems quite determined to avoid acknowledging any responsibility for the recurring pattern of serious accidents in its stations.
Just like any landlord, MARTA has a duty to protect people on its premises from foreseeable dangers. Falling onto the tracks and being struck by a train has been a foreseeable danger ever since unguarded train platforms were invented. Any legitimate doubt that ever existed as to the seriousness of that danger has been eliminated by the repetitive frequency of these accidents.
People who survive being hit by trains at MARTA stations, and the families of those who do not survive, have the right to sue MARTA for failing to add necessary safety features to station architecture and wrongful death. In cases where there is a significant delay between the fall onto the tracks and contact with a train, MARTA may also be liable for not instituting sufficient emergency shutdown procedures.
Unsafe train stations may be an accepted norm in the U.S. for now, but the Stoddard Firm is committed to helping victims change this, and get the compensation they deserve.
If you are Thomas Howard’s next of kin, or if you have also been harmed by a MARTA train accident, give us a call to learn how we can help.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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