Can I sue the city and/or railroad for poor safeguard and damage to my car?

UPDATED: Sep 30, 2022

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Can I sue the city and/or railroad for poor safeguard and damage to my car?

Can I sue the city and/or railroad for poor safeguard and damage to my car. Poorly lit railroad/vehicle intersection and no guard rail. I made a legal right turn however car ended up in the rocks adjacent to train tracks, literally no guard rail.

Asked on February 28, 2017 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Possibly, IF you can show by expert testimony (e.g. that of a highway safety engineer, civil engineer who designs intersections/roads, etc.) that the intersection was unreasonably dangerous. You have to show that it's unreasonably--think "unacceptably, by what we know about building intersections" dangerous--not just that it's not as safe as it could be. And to do that, you will need expert testimony: layperson or nonexpert testimony will not convince a judge. However, since you will have to pay the cost of your own expert, it is not clear that it would be economically worthwhile to do this: such experts can be expensive.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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