Train Collides with SUV in North Miami
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 Boulevard and Northeast 141st Street. Officials say the train was heading south when it hit the rear driver side of the Pathfinder and busted the rear windshield of the SUV. Thankfully, the driver suffered minor injuries and was taken to Aventura Hospital shortly thereafter. The train involved in the crash is owned by railway company Virgin Trains. The railway company, which began operating in South Florida in January 2018 and in downtown Miami in May, advertises higherspeed travel of up to 79 mph between Miami and West Palm Beach. Officials say the cause of the accident is still being investigated.
Railroad & Train Accidents: An Overview
Railroad accidents are more common than most people 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 fatalities. About half 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. As a general rule, the usual limitations period for a negligence or wrongful death action will apply in an action based on a train/vehicle accident at a railroad crossing or railroad tracks.
Parties Who May Be Liable for Your Injuries
An action resulting from a train or vehicle accident at railroad tracks or a crossing ordinarily will be brought by the person or persons injured; this often will be the driver of a motor vehicle. An action based on an accident at railroad tracks or a crossing ordinarily will be brought against the railroad or often the action will be brought against the engineer operating the train at the time of the accident or even in some circumstances, the action may be brought against the owner of the railroad crossing.
How to Prove Your Case
To establish a prima facie case of negligence in an action arising from a train/motor vehicle accident at a railroad crossing or tracks, as a general rule 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. Thus, proof of a prima facie case of negligence in an action arising from a train/motor vehicle accident at a railroad crossing or tracks requires proof that the defendant owed a duty of care to the plaintiff. In other words, there needs to be proof that the defendant had a duty to conform to a certain standard of conduct. A railroad has a general common-law duty of reasonable care to the traveling public because they are a common carrier. Additionally, statutory provisions often impose particular duties of care on a railroad. For instance, a railroad also may have a duty to provide such warnings and safeguards at its crossings as a reasonably prudent person would demand under the circumstances. Where a railroad crossing is unusually dangerous or extra hazardous, a duty of ordinary care may require a railroad company to take extra precautions such as gates, lights, or other active signaling devices. Common law also may impose upon a railroad the duty to maintain safe grade crossings; in addition, where unusually dangerous conditions prevail at a railroad crossing, the unusual hazard may make additional warnings and precautions by the railroad company necessary. The need for special protection at a given crossing depends upon the special features and facts connected with it. Just what conditions will make a crossing dangerous depends on the factors present in each case. Proof of a prima facie case of negligence in an action arising from a train/motor vehicle accident at a railroad crossing or tracks requires proof that the defendant breached its duty of care to the plaintiff or proof that the defendant’s conduct failed to conform to the appropriate standard. Under the doctrine of negligence per se, the violation of a statute raises a disputable presumption of negligence if the violation results in an injury to a member of the class of persons intended to be protected and the harm is of a kind the legislation was enacted to prevent. In accidents where property is destroyed or damaged by the train or railroad cars, the burden of proof is on the railroad company to show that it complied with all safety requirements and that there was no negligence on the part of the company or its agents.
Common Causes of Railroad Accidents
In addition to alleging a statutory violation, particular breaches of a railroad’s duty which may be alleged include:
• failure to install adequate warning devices at a crossing
• failure to keep the crossing in good repair
• failure to control vegetation on the railroad right of way
• failure to slow or stop a train to avoid a collision
• failure to sound, or adequately sound, an audible warning or signal
• failure to provide a watchman or guard at the crossing
• failure to keep a proper lookout
•failure to properly train and adequately supervise the train’s crew
•negligently leaving railroad cars blocking a crossing or road
Discuss Your Claim with an Attorney
When you are dealing with the aftermath of a serious accident, such as a train or railroad accident or collision, 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 wellbeing 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. We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
