Passenger Attacks on Trains — What Victims Can Do

Legal Responsibility and Liability for Passenger Attacks

When an attack occurs on a passenger train, several parties may bear responsibility for the incident. Key potential defendants in these cases include:

• Train Operators or Transit Authorities. As common carriers, train operators and transit authorities like MARTA have a legal obligation to provide a reasonably safe environment for passengers. This includes ensuring proper security measures, such as surveillance, presence of security personnel, and working lighting.
• Station and Platform Owners. In some cases, the owner of the station or platform may be liable if it can be shown that unsafe conditions or inadequate security led to the attack. For example, poorly lit platforms or a lack of visible security personnel may contribute to the risk of an attack.
• The Perpetrator. In some cases, the individual responsible for the attack may be directly held liable for their actions in criminal court. However, pursuing criminal charges does not preclude the possibility of a civil claim against the attacker or even other parties (such as the train operator or station authority) if they are found to have contributed to the attack’s occurrence through negligence.

Legal Options for Victims of Passenger Attacks

Victims may have several legal avenues depending on the circumstances of the attack:

• Criminal Charges. Authorities can prosecute the attacker, leading to potential imprisonment or fines.
• Civil Lawsuits Against the Attacker. Victims can file personal injury lawsuits seeking damages for medical costs, pain and suffering, and emotional distress.
• Claims Against the Train Company. If the train operator failed to provide adequate security or maintain a safe environment, they may be partially responsible for your injuries. This could involve negligence claims under premises liability or premises security law.

Navigating these options requires expertise. At The Jewkes Firm, we aggressively advocate for victim’s rights and work to hold negligent parties accountable.

Potential Compensation for Victims of Passenger Attacks

Victims of passenger attacks may recover various forms of compensation depending on the nature of their injuries and the circumstances surrounding the attack. Some of the damages you may recover include:

• Medical Expenses. Coverage for medical treatment, including hospital stays, surgeries, therapy, and medications.
• Pain and Suffering. Compensation for physical and emotional distress caused by the attack, including psychological trauma like PTSD, anxiety, or depression.
• Lost Wages. If the attack has caused you to miss work or if you are unable to return to your job due to your injuries, you may receive compensation for lost wages and future earning capacity.
• Property Damage. Reimbursement for stolen or damaged property during the attack.
• Punitive Damages. If the attacker’s conduct was egregiously harmful or if the transit company’s negligence played a significant role in the attack, the court may award punitive damages as a form of punishment and deterrence.

Steps to Take if You Are a Victim of an Attack on a Train

If you or a loved one is the victim of an attack while traveling on a train, subway, or other public transit, it’s critical to take the following steps to protect yourself and preserve your right to compensation:

• Get to a Safe Place. Prioritize your safety by moving away from the attacker if possible and alert train personnel or law enforcement.
• Seek Medical Attention. Even if injuries seem minor, have a healthcare professional evaluate you to document your condition.
• Gather Evidence. If possible, document the scene of the attack and gather any available evidence. This could include taking photographs of injuries, keeping a copy of the police report, and getting witness statements from anyone who saw the attack.
• Preserve Surveillance Video. Train stations and cars usually have security cameras installed. You should request access to this footage as soon as possible. A lawyer can help ensure that you preserve the footage for use in your case.
• Report the Incident. Notify the train company and Georgia law enforcement to file an official report. This documentation is essential for pursuing any legal claims.
• Consult with a Passenger Train Injury Lawyer. It’s essential to speak with a personal injury lawyer who has experience with train incidents. At The Jewkes Firm, we can help determine whether the transit company, train operator, or station was negligent in ensuring your safety and pursue compensation on your behalf.