A high-speed passenger rail train crashed into a silver Nissan Pathfinder SUV earlier this week in North Miami. The crash occurred at a crossing located at the intersection of Biscayne…
Miami Train Accident Attorney
Railroad accidents are more common than you think. According to statistics from the Federal Railroad Administration, Office of Safety Analysis, more than 11,000 rail accidents occurred in the United States in 2018 alone, resulting in 845 deaths. Of the 11,000 reported accidents, about 50% of the reported accidents took place in Florida. Any time a car or pedestrian is involved in a railroad or train accident the outcome is almost always tragic.
If you or a loved one has been injured or killed in a Florida train accident, the proper course of action is to file a negligence lawsuit against the railroad, railroad employee, property owner, and/or government entity, for your injuries. If you have the most unfortunate experience of sustaining an injury or losing a loved one in a Florida train accident, then you should reach out to the train accident attorneys at Suarez & Montero.
Common Causes of Train Accidents
Train accident cases are usually highly contested and require attorneys with an understanding of the issues. Our lawyers have experience in handling railroad accidents, including the many common causes of train accidents in South Florida. Here is a list of the most common causes of train accidents:
- Derailments
- Lack of adequate warnings at the train crossings. These lead to crashes between two trains, train and motor vehicle, or train and pedestrian.
- Trip and fall accidents in trains. Train floors have to be clean and be a safe environment for passengers.
- Not keeping the crossing in good repair
- Slip and fall accidents in trains. The rail company may be liable for any injury caused by slippery train floors.
- Food poisoning and foreign objects in food served in trains or at train stations.
- Stepping on and off train accidents at train stations.
- Failure to install adequate warning devices at a crossing
- failure to control vegetation on the railroad right of way
- Not slowing or stopping a train to avoid a collision
- failure to sound, or adequately sound, an audible warning or signal
- failure to properly train and adequately supervise the train’s crew
- Negligently leaving railroad cars blocking a crossing or road
- Slip and Fall accidents at train stations due to slippery or poorly cleaned floors.
- Trip and fall accidents at train stations due to garbage, debris and other foreign objects negligently left on the ground.
Train Accidents and Injuries in Miami, Florida
Those who have been involved in an accident of any kind could suffer serious injuries that may take months or years to recover from. The first few days after a train accident are crucial for making sure you manage any and all injuries. It is best to get carefully examined soon after a train accident so that you can be informed of the nature and extent of your injuries. This way, you will know what to expect in the way of symptoms and the recovery process will be more stress free. Victims who don’t seek treatment, are inadequately informed about their injuries, or obtained little or no relief from their symptoms by emergency responders after an accident, are more likely to require more time to fully recover from their injuries. Speaking with a lawyer may make it easier to get the money or other resources they need in order to make a full recovery, or as close to a full recovery as possible. Compensation may be available to help pay, both now and in the future, for lost wages and medical bills that were incurred as a result of the injury.
How Can a Railroad Accident Lawyer in Miami Help?
When dealing with large corporations and their almost unlimited legal resources it is important that you have a lawyer that has experience in dealing with personal injury and wrongful death claims that directly involve railroad property such as railroad crossings and rights of way. Railroad and train accident cases are seldom “cut and dried” when it comes to questions of fault and liability. Furthermore, railroad companies have the benefit of their own in-house legal departments where their lawyers spend most of their time defending the railroads against personal injury / wrongful death claims.
If you or a loved one sustained injury in a train or railroad accident, medical expenses and treatment can become overwhelming. It is crucial for you to understand that you may be able to recover compensation for your injuries from the at-fault party. At Suarez & Montero, we make sure to identify all possible forms of compensation. Our attorneys will explain all of your options in regard to suing others for your medical expenses and other damages after an accident.
Compensation Available If You Are Injured in a Train Accident
Damages in train accident cases fall into two major categories which are generally described as economic and general non- economic. Economic damages are, generally speaking, out-of-pocket damages. They are damages that can be measured and calculated, and they are typically represented by expenses actually incurred or those which can be reasonably anticipated in the future. Economic damages are easier to calculate accurately because documents and medical bills and records are used to determine the amount of damages and prove them. On the other hand, non-economic damages compensate injured victims for both physical and mental losses.
Non-economic damages usually include the physical and emotional distress resulting from the accident that affects a person’s very quality of life. These are commonly stated to as damages for pain and suffering and mental anguish. Noneconomic damages may include significant and permanent loss of an important bodily function; permanent injury within a justifiable degree of medical probability, other than scarring or disfigurement; and permanent scarring or disfigurement. Types of Non-economic Damages include physical pain, mental anguish, disability, disfigurement, loss of enjoyment of life, inconvenience, and loss of consortium.
Medical Expenses:
Train accidents can leave victims with serious injuries. These injuries can vary from minor whiplash injuries to permanent disability or death. Thankfully, a significant number of people injured in train accidents each year are able to make a full recovery but in order to do so in the shortest time possible it is normal to require a period of therapy, specialist treatment or other type of medical assistance under the supervision of a doctor.
Damage to Property (Your Vehicle):
If there are any items belonging to you that were damaged in a train or railroad accident, you will be able to include them in your claim for their repair or replacement as personal property.
Lost Wages and Loss of Employment:
If you had to take time off work as a result of injuries you sustained in a train or railroad accident, you will be entitled to claim for these. When answering the question as to whether PIP or work comp pays your lost wages claim, the proper answer is: BOTH. Although work comp will pay from 66⅔% to 80% of your claim for lost wages, the PIP insurer is required to supplement the workers’ compensation benefits until the PIP insurer has paid its policy limits. Therefore, you are entitled to 60% of the lost wages not covered by workers’ compensation, and the recovery is capped at $10,000. Stated somewhat differently, you are entitled to a wage claim from PIP to the extent that your lost wages exceed the reimbursement from workers’ compensation, to be paid by PIP your PIP policy limits are exhausted.
Contact our Train Accident Attorneys for a FREE Consultation
Understanding Florida law and a personal injury case are best left to the experts. Factors such as the state’s no-fault law when it comes to insurance and medical expenses are tricky. Navigating the legal process alone is confusing and downright stressful. When you’re involved in a car accident or another crash caused by negligent driving, talk to a car accident attorney about your options going forward. There is no replacement for quality legal advice after being involved in a car accident.
The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. When you are dealing with the aftermath of a serious train or railroad accident, it is important to have experienced legal representation on your side. At the Law Offices of Suarez & Montero Car Accident Attorneys, you are never just another file or claim to us—you are part of our family and your well- being are just as important to us as if you were our own family. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
Frequently Asked Questions
The person or persons who were injured in the train accident will generally file a negligence claim against the at-fault parties. An action based on a train accident will usually be brought against the railroad or often the action will be brought against the engineer operating the train at the time of the train accident or even in some cases, the action may be brought against the owner of the train or railroad.
At Suarez & Montero, we focus on representing victims of accidents and their families and obtaining the compensation they deserve for their damages. Our train accident lawyers in may be able to help you if you were injured. If you lost a loved one in a tragic railroad accident, we can help your family fight for justice on their behalf.
To prove your claim of negligence in an action arising from a train or railroad accident, a plaintiff must show that: (1) the defendant had a duty to conform to a certain standard of conduct; (2) the defendant breached that duty; (3) such breach caused the injury in question; and (4) the plaintiff incurred actual loss or damage. In sum, to prove your negligence case in an action arising from a train accident requires proof that the defendant owed a duty of care to the plaintiff.
Yes. A railroad or other defendant may establish a defense in such a case by proving that: (1) the plaintiff failed to state a claim, the railroad tracks or crossing at issue were located entirely on private property over which the railroad had no control, or the “standing train doctrine” or “occupied crossing rule” applies; (2) contributory or comparative negligence applies; (3) an immunity defense applies ; or (4) the action is preempted by federal law.
Florida law requires all auto accidents be reported to the police before those involved in the accident left the scene. You are required to wait until a police officer arrives at the scene, conducts an investigation, collects basic details from all parties and passengers involved, and notes down personal information such as car and insurance details. Within one week, the officer is required to write an official police report that generally includes detailed information about the facts of the accident. However, in the case of a fatality, an official police report or homicide report could take months to prepare. Police reports typically indicate which road user was at fault, so obtaining your own copy is an important step toward protecting your rights and financial interests in the aftermath of an accident.
