Trains are a common way of getting around, from subways and passengers trains to commuter rails, trams, and more. Although train accidents aren’t as common as traffic accidents, they can cause serious injuries and fatalities when they do occur.
In 2022, Florida recorded over 100 train-related accidents, according to the Federal Railroad Administration. These incidents resulted in 56 fatalities and numerous injuries. The accidents included collisions at crossings, derailments, and pedestrian incidents, highlighting the ongoing dangers associated with rail transportation in the state.
Many train accidents result from human error or other acts of negligence. If you were injured in a train accident, or someone you love was killed, you can hire a lawyer to help you collect compensation for your injuries or loss.
Victims Of Train Accidents
Florida train accidents can damage entire communities, groups of people, or a single individual. If a passenger train carrying loads of passengers derails or is in an accident, then hundreds of people could be injured or killed. These accidents can affect people both on and off the train.
Some examples of train accident victims include:
- railroad workers
- drivers or passengers of automotive vehicles
- pedestrians or other bystanders
- train passengers
Types Of Train Accidents In Florida
The Federal Railroad Commission collects data on the types of train accidents. According to recent facts, derailments, railroad crossings, and collisions comprise the majority of train accidents in the United States.
Train Derailment Accidents
A derailment occurs when the train comes off its tracks. These sorts of accidents can cause severe damage and can be the result of faulty tracks, obstacles, poorly maintained equipment, too much cargo weight, or other safety standard failures.
Railroad Crossing Accidents
In 2023, Florida recorded 122 train-related accidents, resulting in 20 fatalities and 47 injuries, according to preliminary data from the Federal Railroad Administration. Many of these incidents occurred at highway-rail grade crossings, a major source of accidents across the state due to issues like improper signage, malfunctioning gates, and driver inattention. These numbers reflect a significant portion of the overall U.S. total, as Florida remains one of the top five states for train accidents
Collisions
Collisions can occur in any type of train accident. A car could collide with a train at a railroad crossing, or two trains could collide on the tracks. A collision with a high-speed train can be catastrophic, and any passenger (on the train or otherwise) can be severely injured or killed.
Common Causes Of Train Accidents
Train accidents can be caused by a wide variety of reasons, whether it’s a derailment, railroad crossing incident, or collision. Every train accident is unique, but patterns emerge about what’s behind the most common railroad accidents.
Operator Error
Human error is one of the major causes of train accidents, according to the U.S. Department of Transportation. The train operator could lack experience, or experienced operators could make a mistake that causes an accident.
Other examples of operator error include:
- fatigue
- being under the influence of drugs or alcohol
- poor judgement
- vision issues
- impaired reaction times
- other mistakes
Equipment/Mechanical Failure
Trains are machines, and mechanical or equipment failure can occur over time or because parts were poorly maintained. While this is a less common cause of a train accident, parts can fail and cause the train to malfunction. If one part fails, like a rail switch or a rail signal, then a deadly accident may occur.
Vehicle Driver/Pedestrian Negligence
Negligence or reckless behavior on the part of drivers or pedestrians is the root cause of many railroad crossing accidents. A pedestrian might get too close to the tracks or cross at the wrong time. A car, truck, or motorcycle may try to get past the train before it crosses.
A driver’s vehicle could also stall in the middle of the tracks, blocking the path of the train and likely causing a collision.
Defective Tracks
Defective tracks could cause a train to derail and crash. There could be a mechanical track failure or poor track repair that could lead to derailment. A defective track could also include obstructions or foreign objects on the tracks. Although operators are trained to avoid obstructions, it could be too little, too late.
Traveling Too Fast
While this could also be chalked up as operator error, several recent train accidents have been the result of traveling too fast. If a trail derails or collides with something while traveling at high speeds, the results of the crash can cause severe damage and may be fatal.
Poorly Protected Railroad Crossings
Railroad crossings must provide warning devices like gates or lights. However, numerous railroad accidents occur because crossings are not properly marked or protected. For example, an intoxicated driver could miss inadequate warning signs, or signals or gates could malfunction.
List Of Recent Train Accidents In Florida
It may seem like train accidents aren’t a major concern with so many more modern forms of transportation available, but multiple accidents occur each year.
Consider the following train accidents that occured on commuter trains in Florida over the last few years:
1. Jacksonville
- Train Company: CSX Transportation
- Accident: Jacksonville is a major railway hub, and in 2018, a train operated by CSX Transportation collided with a vehicle at a crossing, killing two passengers. The accident was caused by malfunctioning crossing signals and a lack of clear signage warning drivers.
Florin|Roebig Strategy:
- Thorough Investigation: The firm would immediately investigate the cause of the crossing signal malfunction, gathering maintenance records, signal operation logs, and eyewitness statements.
- Expert Testimony: They would bring in engineering experts to demonstrate the failure in maintaining the crossing signals, proving negligence by CSX.
- Maximizing Compensation: By highlighting the preventable nature of the fatalities, the firm would negotiate for a large settlement covering wrongful death, loss of companionship, and emotional distress. If negotiations failed, they would take the case to trial, emphasizing the company’s responsibility for maintaining safe crossings.
2. Miami
- Train Company: Brightline
- Accident: Brightline, which operates high-speed trains in South Florida, has been involved in several accidents in Miami. In 2021, a pedestrian was struck and killed by a Brightline train while crossing the tracks at a designated pedestrian crossing. It was reported that there were insufficient warning systems at the crossing.
Florin|Roebig Strategy:
- Railroad Safety Experts: Florin|Roebig would consult safety experts to determine the adequacy of warning systems, such as lights, gates, or alarms, and gather evidence of Brightline’s negligence in failing to install sufficient precautions.
- Damages Demand: The firm would seek compensation for wrongful death, funeral expenses, and pain and suffering. By showing that the railroad company ignored the risks posed by insufficient safety measures, Florin|Roebig would push for a substantial settlement or take the case to trial to maximize the award.
3. Orlando
- Train Company: SunRail
- Accident: In 2020, a cyclist was hit by a SunRail train in Orlando while crossing the tracks at a busy intersection. The crossing did not have appropriate warning signals, and the train’s speed was higher than expected for a city crossing, resulting in the cyclist’s death.
Florin|Roebig Strategy:
- Fault Identification: Florin|Roebig would investigate the city’s role in maintaining safe crossings and work with train operation experts to prove that SunRail’s failure to properly control speed and install adequate signals caused the accident.
- Legal Pressure: The firm would pursue claims against both SunRail and the city of Orlando for negligence, seeking a settlement for wrongful death, loss of income, and emotional damages. If SunRail offered inadequate compensation, Florin|Roebig would aggressively litigate to hold both parties accountable for their failure to ensure public safety.
4. Tampa
- Train Company: CSX Transportation
- Accident: In 2019, a truck driver was killed when a CSX train collided with his vehicle at a crossing in Tampa. The crossing was notorious for malfunctioning gates and signals. Reports showed that the gates failed to lower in time, and the driver was unaware of the approaching train.
Florin|Roebig Strategy:
- Proving Negligence: Florin|Roebig would obtain evidence from the National Transportation Safety Board (NTSB) and CSX maintenance logs to prove that the crossing equipment was defective and that CSX had prior knowledge of the issue.
- Compensation for Losses: The firm would argue for compensation not only for the family’s loss but also punitive damages, citing CSX’s failure to address a known danger. By highlighting the severity of the negligence, they would push for a high settlement or jury award.
5. West Palm Beach
- Train Company: Amtrak
Accident: In 2022, an Amtrak train collided with a car stuck on the tracks at a West Palm Beach crossing. The driver of the car was unable to escape in time and was killed in the collision. Investigations revealed that the crossing was known for poor visibility and lacked adequate safety barriers.
Train Accident Settlements And Verdicts
Following a preventable train accident, several passengers and victims have filed personal injury or wrongful death lawsuits to collect damages, or monetary compensation, for injuries, losses, and overall pain and suffering.
Many train accidents in Florida are settled out of court, including the following high-profile accident settlements:
$10 million: A pedestrian in West Palm Beach was struck and killed by a Brightline train while crossing the tracks in 2019. The settlement was awarded to the victim’s family for wrongful death, citing Brightline’s failure to install adequate safety measures, such as crossing gates and alarms, at pedestrian crossings.
$8 million: Several passengers were injured, and two people were killed in a 2017 Amtrak train derailment in Jacksonville after the train collided with a truck stuck on the tracks. The settlement was distributed to injured passengers and the families of the deceased, with Amtrak and the trucking company held responsible for failing to ensure safety
$7.5 million: In 2018, a driver was killed when a CSX freight train hit their vehicle at a crossing in Tampa. The crossing had malfunctioning gates and signals, and the settlement was awarded to the victim’s family due to CSX’s negligence in maintaining the crossing and failing to fix known issues.
Train Accident Lawsuits
Train accident lawsuits are filed as personal injury or wrongful death claims. There may be many injured parties who file a lawsuit because of the potential for several victims to be involved in the accident, including passengers or bystanders.
The goal of train accident lawsuits is to collect damages for injuries caused by the accident. The type of lawsuit that’s filed will depend on the victim of the accident and who is at fault.
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Liability In A Train Accident
Liability, or fault, in a train accident is determined by who was legally responsible for protecting the victim from their injuries. Commuter trains and railroad companies are both considered common carriers, which collect payment for transporting passengers.
While a common carrier cannot guarantee rider safety, they are held to strict standards of liability to protect their passengers from harm.
Like airliners, railroads are also mandated to install a device that records information that could be helpful to determine the cause of the crash. This information is crucial for a personal injury lawyer trying to prove negligence on the part of the operator or railroad company.
Train Passenger Injury Claims
If the train operator, or railway owner, fails to provide a reasonable standard of care to protect their passengers, then the injured passenger can collect compensation or damages for these injuries.
Compensation may include:
- medical expenses
- lost income
- general pain and suffering
- other out-of-pocket expenses
Bystander Injury Claims
Bystanders can be hurt in railroad crossings, derailments, and other accidents. Railroad companies could be found negligent if the railroad crossing arm or gate is faulty or if warning signals fail.
A train operator’s negligence could also result in liability for the railroad company, especially if the company failed to hire a qualified operator. If the bystander’s negligence played a role in the accident, such as crossing over the tracks when warning signals were functioning properly, it may not be possible to recover damages.
Railroad Worker Injury Claims
Railroad workers are protected by federal law when a railroad provides interstate commerce between multiple states. The Federal Employer’s Liability Act (FELA) requires railroads to be safe for workers by following safety guidelines and conducting routine safety inspections.
An injured railroad worker can recover damages if they show that an act by the railroad company, or a failure to act, caused the worker’s injuries. Family members of killed railroad workers can also receive compensation if the company’s negligence played a role in the death.
Why Hire A Lawyer After A Train Accident?
Victims of train accidents may be severely traumatized or injured, which can result in expensive medical attention or time away from work. A qualified train accident lawyer can help you determine liability in an accident and collect compensation to help cover your losses.
Federal and state laws that govern railroad safety are complex. Different government agencies may investigate the scene of the crash. It takes an experienced lawyer to sift through these complicated laws and investigations and put your mind at ease.
Train Accident Lawyers Serving Florida
At Florin|Roebig, our team of qualified and experienced train accident lawyers can represent any victim in an accident, from a railroad worker to an innocent bystander. Our mutli-state law firm accepts cases not only Florida, but also Colorado, Texas and Minnesotta.
At Florin|Roebig, our team of train accident lawyers includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Contact Florin|Roebig To File A Train Accident Claim Today
Train accidents occur with alarming frequency. These accidents are usually avoidable, and a skilled lawyer can hold liable parties responsible for their negligence. If you’re unsure if you should take legal action, we offer a free case evaluation to help you decide.
To learn more about train accident lawsuits, or to get started with your free case evaluation, contact the offices of Florin|Roebig today.
