Taking the train is a great way to travel to and from Miami. Generally speaking, trains are much safer than passenger vehicles. However, trains are involved in accidents from time to time. In fact, there are more than 11,000 train accidents across the country every year. When accidents do happen, they can cause devastating and debilitating injuries.
Have you or someone you love has been involved in a Miami train accident? You may have the right to file a personal injury lawsuit to recover compensation for your injuries. Hiring an attorney will put you in the best position to maximize your financial award.
At Lavent Law, P.A., our Miami train accident lawyers know how to get you the money you need. Call our office to schedule a free consultation today and learn more.
Causes of Train Accidents in Miami
Many rail lines connect Miami with the rest of the state. Amtrak, Tri-Rail, Brightline, Metrorail, and Metromover are all great commuting options. Unfortunately, accidents involving these trains do happen.
Some accidents involve impact with motor vehicles, while others involve pedestrians, bicyclists, property, and buildings. From time to time, train wrecks are unavoidable when there’s a trespasser on the tracks.
Many factors can contribute to a train accident in Miami. According to the Federal Railroad Administration, the leading causes of train accidents include:
- Conductor distraction
- Conductor fatigue
- Conductor negligence
- Conductor inexperience
- Negligent hiring and training
- Poor track maintenance
- Broken or uneven rails
- Poor communication between railroad employees
- Equipment malfunction
- Crossing gate malfunction, and
- Mechanical failure.
Negligence is an underlying factor in most train accidents in Miami. As a result, the majority of train accidents are likely avoidable. If you’ve been injured in a train crash, you may be entitled to compensation. Call Lavent Law, P.A. to learn about your legal rights and options today.
Train Accident Injuries
Train accidents can be devastating for anyone involved. Whether you’re riding the local light rail or a high-speed Amtrak train, the impact of a collision can cause catastrophic injuries and death. At Lavent Law, P.A., our personal injury lawyers are prepared to help you recover compensation for any injuries you or your loved ones sustain in an accident.
We’ll fight to help you recover compensation for:
- Broken bones
- Soft tissue injury
- Eye injury
- Spine injury
- Brain injury
- Wrongful death, and more.
Call our Miami office to schedule your free consultation. Our compassionate attorneys will review your case and answer any questions you have.
Trains Are Common Carriers
Trains are classified as common carriers in the state of Florida. Common carriers are companies that transport you from one place to another in exchange for a fee. Since common carriers are responsible for so many passengers, they’re held to heightened safety standards.
Train companies and employees must use the “highest degree of care” possible that’s reasonable and practical for this type of transportation. A train company may be negligent if it:
- Does something “that a very careful person would not do under like circumstances,” or
- Fails to do something “that a very careful person would do under like circumstances.”
In other words, train companies must do everything that’s reasonable to keep passengers safe. Any behavior that could put passengers in harm’s way could be considered negligent. Since common carriers have a heightened duty of care, it can be easier to recover compensation if you’re involved in a train accident.
Liability for Train Accidents in Miami
Who is responsible when a train accident happens? The answer will ultimately depend on what caused the accident. Many times, more than one factor will contribute to an accident. In Florida, you can seek compensation from anyone who played a role in causing your railroad accident or injuries.
Train Conductor: Train conductors have an obligation to use caution and care when operating a train. Accidents happen when conductors speed; ignore safety regulations; or operate the train while fatigued, drunk, or distracted. You can file a personal injury lawsuit against a negligent train conductor if you suffer an injury.
Railroad Employees: Conductors aren’t the only people running the train. Communication between railroad and train employees is essential to a safe ride. Some train accidents happen when railroad employees fail to communicate with one another because they get distracted or tired. You have the right to seek compensation from anyone who contributes to an accident, including negligent railroad employees.
Railroad and Train Companies: Rail companies – including Amtrak and Brightline – have obligations to make sure that passengers will be safe during a commute. Companies must hire and train employees who can do the job safely. They must also make sure that all equipment is properly inspected and maintained on a regular basis. Train companies may also be responsible for track upkeep and maintenance. If a company fails to do any of these things, you may have the right to file a lawsuit against them if you suffer an injury.
Negligent Third Parties: Many train accidents involve collisions with other vehicles on the road. If a car is on the tracks, there is very little a conductor can do to avoid an accident. You are not limited to filing a lawsuit against a train company or train conductor. You can also seek compensation from a negligent third party – such a pedestrian or a driver – if they contribute to your injuries.
Train Employees Can File a FELA Claim
Passengers of a train aren’t the only ones who can sustain an injury in a train accident. Train employees and railroad workers are also in harm’s way. If you work in the railroad industry and are injured in an accident, you may also have the right to recover compensation. However, your path to getting the money you need may be slightly different than other accident victims.
Many railroad employees are not covered by traditional workers’ compensation insurance policies. However, rail workers are generally covered by the Federal Employers’ Liability Act, or FELA. FELA was enacted by Congress in 1908 to help injured rail workers hold rail companies responsible or negligent actions. If you’re injured on the job, you may have the right to file a FELA claim.
You won’t automatically be entitled to compensation when you file a FELA claim. Instead, you’ll have the burden of proving that the railroad company’s negligence caused your injury. It’s important to choose an attorney who has experience handling these complex claims. Contact Lavent Law, P.A. if you have been injured on the job while working as a railroad employee. We will help you fight for the money you deserve.
Why Should I File a Train Accident Lawsuit?
Your life can change in an instant if you’re involved in a Miami railroad crossing accident. It’s common for train accident victims to suffer devastating physical, emotional, and financial injuries. Filing a lawsuit against a negligent train company can help you to recover the money you need during this difficult time.
At Lavent Law, P.A., our attorneys will aggressively pursue monetary damages on your behalf. We’ll demand compensation for:
- Medical bills
- Nursing care
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Lost wages
- Disability, and more.
When we investigate your case, we will work closely with some of the best experts in the greater Miami area. Insight and input from these experts will help us to identify the full extent of your injuries. This information will allow us to make sure that your case is valued properly and that you get the money you deserve.
Miami Train Accident Attorneys
Have you been injured in a Miami train accident? It’s important for you to fully understand your legal rights and options. You may have the right to file a claim to recover compensation. However, you will only have a limited amount of time to act after your accident. Hesitating to call an attorney could prevent you from getting the money you deserve.
Contact Lavent Law, P.A. to find out our law firm can help you pursue compensation after a train accident. Personal injury attorney Boris Lavent is always standing by to help you with your accident case. Call our Miami office to schedule your free case assessment today.