Florida Train Accident Attorney
Railroad Accidents in Florida
In Florida, many people rely on various types of trains for daily commutes and travel. While train accidents are relatively rare, they can and do happen. Often, these accidents are especially devastating, with victims suffering catastrophic injuries and fatalities.
If you or someone you love was involved in a train accident in Florida, the team at Zimmerman & Frachtman, P.A. can help you seek justice and the fair compensation you are owed. We understand the immense impact these incidents have on victims and their families, and we are committed to holding negligent parties accountable. Our attorneys have successfully recovered more than $300 million in settlements and verdicts for our clients. We have the experience, resources, and skills to effectively advocate for you and your recovery.
Statute of Limitations in Train Accident Cases
Florida law generally requires train accident victims to bring a lawsuit against the railway company or other liable party within four years from the date of injury.
Types of Train Accidents
Florida is home to numerous types of trains, including freight trains, high-speed trains, commuter trains, intercity trains, regional trains, rapid transit, and light rails. These trains transport everything from goods and materials to workers, travelers, and tourists throughout the state. Unfortunately, with millions of miles traveled each year, it is no surprise that trains are involved in tens of thousands of accidents nationwide every year.
There are all types of train accidents. Some of the most common include:
- Onboard injuries, such as slip and falls or tripping when entering/exiting trains
- Multiple-train collisions
- Collisions with other motor vehicles, such as cars or trucks, at train crossings
- Pedestrian-train collisions on the tracks or at crossings
- Train derailment
- Mechanical failure, such as brake failure
Unsurprisingly, these accidents often have severe or even fatal consequences. Depending on the specific details of a given case, it may be possible to hold the train operator or train company accountable. In some cases, another third party could be partially or wholly liable.
How Do Train Accidents Happen?
Just like any other motor vehicle accident, train accidents happen for a variety of reasons, but negligence tends to be the common underlying element.
Some of the most common causes of train accidents include:
- Train operator/conductor negligence or error
- Inexperienced train operators
- Distracted or fatigued train operation
- Operating while intoxicated/drunk
- Lack of proper train or rail maintenance
- Improper maintenance at train crossings
- Defective safety lights, crossing gates, and barriers
- Speeding, including traveling too fast for weather conditions
- Improper train interior maintenance
- Defective or dangerous conditions onboard trains
- Visual obstructions, such as overgrown vegetation
- Broken or missing signs
- Inadequate or negligent train security
- Defects, including train defects, track defects, and safety equipment defects
Our Florida train accident attorneys work with teams of specialists, including accident reconstructionists and expert witnesses, when investigating these complex claims. We are tireless when it comes to reviewing all possible avenues of compensation and leave no stone unturned in our pursuit of maximum compensation for our clients.
Damages in Train Accident Cases
Because train accidents tend to result in severe injuries, massive damage, and deaths, these tend to be high-value cases. Victims may be entitled to significant compensation for their damages.
Some common damages in train accident cases include:
- Emergency medical care
- Surgeries, rehabilitation, and other medical treatment
- Medications and medical equipment
- Physical therapy
- Future medical expenses
- Pain and suffering
- Emotional trauma and distress
- Lost income, wages, and other employment benefits
- Diminished earning capacity
- Loss of future expected earnings
- Funeral/burial costs
- Loss of love, support, companionship, counsel, comfort, guidance, etc.
- Loss of expected inheritance
Every case is different, and it is not possible to guarantee a specific outcome. That being said, it is important to ask potential attorneys about their experience in this area of law, including whether they have successfully recovered compensation for train accident victims.
At Zimmerman & Frachtman, P.A., we not only have a long and proven track record of success, but we also employ a personalized approach to every individual case. We recognize that every situation is unique, which is why we develop innovative legal strategies tailored to our clients’ particular needs, concerns, and goals. We strive to maximize our clients’ recoveries while also providing them with the attentive care and reliable communication they deserve.
Schedule a Complimentary Consultation Today
Getting back on your feet after any type of train or railroad accident can be extremely difficult. At Zimmerman & Frachtman, P.A., our goal is to help you navigate the legal system so that you can recover the monetary resources you need to heal. We want to help you move forward with your life and secure the fair compensation you are owed.
We invite you to reach out to us today to set up a no-cost, no-obligation consultation with one of our Florida railroad accident attorneys. There are no legal fees unless we recover a settlement or verdict for you—if we don’t win your case, you do not pay.
I was in a train accident; what should I do?
The first thing that you should do if you’ve been involved in a train accident is to seek medical care. If you are able to, it is also a good idea to take pictures at the scene of the accident. You should try to get contact information and statements from any witnesses who may be present. It is also good to consider getting in touch with an experienced railroad accident attorney. You can be certain that the railroad company and its insurance provider will have their own team of experts, and it makes sense to work as quickly as possible to protect your rights as a victim.
Who do I file a claim against if I am injured in a railroad accident?
The answer to this question varies with the scenario; however, the short answer is that you can make a claim against any person or entity who was responsible for the accident. This includes the railroad company, the light rail transit company, or even the city or local jurisdiction. In the case of product liability, you can also make a claim against the manufacturer, designer, distributor, or another party involved in creating or distributing a defective part. Because railroad accidents are complex, it is an excellent idea to retain the services of an experienced attorney as quickly as possible. While you or your loved one are recovering from the injuries you sustained, the train company will be assembling its defense against your case. The best option for protecting your rights is to work with a law office that knows what kind of evidence you need, as well as what the best course of action will be. Contact Zimmerman & Frachtman, P.A. today to get started with a free consultation.
What kinds of claims can be filed after a train accident?
The type of claim that you can file following a railroad accident is determined by the type of accident that you had and the extent of the incident. For example, it would make most sense to file a personal injury claim after an accident caused by negligence or wrongful conduct. The train company may also be held liable if inadequate equipment or procedures caused the accident. Finally, victims can sometimes pursue product liability claims if a manufacturer, distributor, or designer of a train part is responsible for the accident.
What constitutes negligence in a railroad accident?
In most railroad accident cases, “negligence” is defined as a failure to use reasonable care while operating a train. The question of who, specifically, was at fault may take time because there are multiple factors at play. Once the determination can be made for who was responsible for causing the accident, a claim can be forwarded. For example, a train operator is considered an agent of a transportation or freight service, so if the operator was personally responsible, the claim could be valid against the service. In other scenarios, there may be multiple responsible parties, including the service and the manufacturer of a given part.
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