A man was struck and killed by a MARTA train in Midtown Atlanta Tuesday morning. Police say that their investigation into the incident has led them to believe that the man, who was reportedly standing in a restricted area on the platform for the southbound trackway, lost his balance and fell onto the tracks. He was struck by a train at approximately 7:40 AM. The incident caused the Midtown station to cease service temporarily, with northbound service terminated at Civic Center, and southbound service terminated at Lindbergh Center.
When determining liability in an accident involving a MARTA train, there are a number of factors to consider. The Metropolitan Atlanta Transit Authority (MARTA) is responsible for ensuring the safety of its train stations by regularly inspecting the property in order to discover hazardous features that can cause injuries to guests. If those features are found, the Authority must either promptly mitigate the hazard or place prominent warning signs in proximity to the hazard in order to alert visitors. While the Authority owes this duty of care to visitors planning to ride the train or picking someone else up at the train station, there is no duty owed to individuals trespassing in restricted areas, provided the area is clearly marked as restricted.
In cases involving a slip and fall at a MARTA station, an experienced personal injury attorney would want to determine if the area was clearly marked as restricted, if there was a hazard that resulted in the victim falling onto the tracks that the property owner knew or reasonably should have known about, and whether guests were adequately warned of the hazard’s existence.
Have you been injured in an accident involving a MARTA train or train station? If so, let the experienced personal injury attorneys at Cambre & Associates LLC evaluate your case. Contact us online or by calling 770-502-6116.
