In Florida, many people travel for vacation or work. One of the most popular methods of traveling between Miami and Orlando is Brightline. Brightline is a high-speed train line that offers comfort and style to travelers while moving at a very high speed.
Unfortunately, there has been a sharp increase in the amount of train accidents experienced by Brightline. Since January 2022, there have been 30 people who have died in a Brightline train accident, causing the public opinion to become more and more negative.
If you have questions about Brightline train accidents, the deaths and injuries caused by them, or how an attorney can help, contact the Florin|Roebig train injury lawyers today.
Understanding Brightline Train Accidents
Many people were excited about the new high-speed train system being built to service South Florida and Orlando. However, the number of train accidents involving Brightline Trains has lessened that excitement with an increased accident rate in the last two years.
Brightline train accidents have many causes, but some of the most frequent causes include:
- Speed
- Operational error
- Station issues
- Unsafe equipment
- Location
- Driver error
- Pedestrians
Almost 200 accidents involving Brightline trains have occurred since 2017, resulting in nearly 100 deaths. Brightline has the highest number of deaths per mile among the nation’s train lines, making Brightline a risky choice for those who plan on traveling by train.
Many of these accidents have been caused by pedestrians and vehicles that have disregarded the barriers and tried to cross the tracks illegally. These attempted illegal crossings have led to many preventable deaths and injuries.
Brightline Wrongful Death Cases
Losing a loved one to a train accident can be incredibly traumatic for families and friends. Along with the loss of a loved one, the people who are left behind must face the costs of burial and any medical costs incurred while trying to save them.
To help with these costs, family members can bring a wrongful death case against the train company involved in the accident. To file a wrongful death claim, you must be able to prove that:
- The death could have been prevented
- Prove that the defendant owed a legal duty of care
- Show that the defendant breached this duty of care
- Prove that because of this breach, your loved one died
When a train accident occurs in Florida, the Florida Department of Transportation will generally be in charge of investigating the accident. The outcome of this investigation can be beneficial when filing a wrongful death case, but it can take years to complete an investigation.
Legal Rights and Protections for Victims of Train Accidents
If you or a loved one have been involved in a Brightline train accident, it is essential that you understand you have legal rights and certain protections in this situation. There are laws surrounding regulating and governing trains and railways in Florida.
Railroad companies and commuter rail lines are regarded as common carriers. Common carriers are entities that carry members of the public for a cost. Common carriers must use the most heightened degree of care to reasonably ensure their passengers’ safety.
In the event of an accident, you have the right to seek compensation for injuries, pain and suffering, missed wages, wrongful death, and more. If the train operator fails to use their highest degree of care, they can leave themselves and the train company open to lawsuits.
Victims of train accidents are legally allowed to seek damages, or a sum of money awarded by the court, for the following:
- Loss of consortium or companionship
- Unreimbursed or uninsured medical costs
- Loss of enjoyment of life
- Property losses
- Emotional trauma
- Diminished future earning potential
Common Causes of Brightline Train Accidents and Liability
Many different reasons can cause Brightline train accidents, and each accident has its own set of unique circumstances. However, after so many accidents with Brightline trains have occurred, a few common causes of accidents have been discovered.
These common causes include the following:
- Human error is generally the number one reason most train accidents happen. Human error can include a train operator failing to follow a speed limit, being distracted, and failing to follow signs and warnings.
- Maintenance problems such as broken or damaged tracks, malfunctioning signal lights, and faulty parts such as the train’s brakes.
- Crossing accidents make up a significant number of the accidents involving Brightline trains. This can be because of damaged or malfunctioning crossing lights or signals, distracted train operators, and distracted drivers.
- Errors in the signal system caused by malfunctioning or miscommunication can allow people to enter into a dangerous situation.
- Training deficiencies and a lack of proper training in the conductors, operators, and other staff members can lead to accidents.
With these common causes of Brightline accidents, it can be reasonable to wonder who will be liable. The following can be held liable in a Brightline train accident:
- Brightline can be held liable if the ensuing investigation discovers that inadequate training, poor maintenance, or operational error was the cause of the accident.
- The train operator could be liable if the accident was caused by their negligence, such as speeding or failing to follow protocols correctly.
- Third parties, such as property owners, can be liable if they are found to be responsible in any way for the accident.
The Role of a Brightline Train Injury Lawyer
After a Brightline train accident that has led to injuries, deciding which Brightline train injury attorney to represent you and your claim is a critical decision that should be made with care. The attorneys of Florin|Roebig have won over $1 billion for clients and have been representing them with compassion for forty years.
Benefits that you can gain by hiring a Florin|Roebig catastrophic injury lawyer include:
Brightline Train Accident Experience
The adept injury lawyers of Florin|Roebig have the capacity and knowledge needed to represent Brightline train accident victims both in and out of court. Our lawyers have seen everything insurance companies and major companies like Brightline are ready to do to save money, so they are prepared to fight for your claim.
A Strong Brightline Train Injury Claim
With a long history of successfully representing many accident victims, including winning over $1 billion for our clients, the Florin|Roebig team of attorneys knows what it takes to create a powerful, winning claim. From the evidence you gather to how you fill out your paperwork, our attorneys know how to make a solid Brightline train injury claim.
Negotiating A Fair Settlement
Generally, train accident settlements can be addressed efficiently outside the court system. Regardless, your Florin|Roebig lawyer is ready to explain your claim to a judge when your insurance does not cooperate, or you cannot get the negligent party to pay your damages.
The Role of a Brightline Wrongful Death Attorney
Establishing wrongful death, especially when you’re up against a powerful company such as Brightline, can be challenging without experienced legal representation. If you believe your loved one suffered a fatal injury in a Brightline train accident but do not know how to prove your case, contact a Florin|Roebig attorney as soon as possible.
A wrongful death attorney can assess the facts of your case, complete an investigation into your family member’s death, and consult with other pertinent professionals to verify the legitimacy of your Brightline wrongful death case and help you seek justice for the loss of your family member.
The following are helpful aspects of hiring a Brightline wrongful death attorney:
- Gather witness statements
- Collect appropriate medical records
- Supply trustworthy legal advice throughout each step of the litigation process
- Battle for fair compensation on your behalf
- Secure the highest possible compensation based on the scope of your losses and other elements of your case
- Deal with insurance companies and other parties on your behalf
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Compensation Available in Train Accident and Wrongful Death Cases
Brightline train injury cases are unique because they can encompass ongoing medical care, including long-term care, and often the death of a loved one. This can financially disadvantage the person or people who lost their loved one in the accident and now do not have their support and assistance.
Insurance claims and lawsuits are strategies for retrieving damages, which can be monetary or non-monetary. The money from these two separate choices can be used to cover the following:
- Doctor’s appointments
- Prescription medications
- Medical expenses
- Pain and suffering
- Lost wages
- Funeral costs
- Burial costs
- Loss of companionship
- Punitive damages
The circumstances surrounding your loved one’s death due to an accident with a Brightline train can have a major impact on the compensation you receive. Call a Florin|Roebig lawyer right away to help guarantee you get the highest possible compensation.
Challenges in Pursuing Train Accident and Wrongful Death Claims
If you have lost a family member in a Brightline train accident, you are likely knowledgeable of how complicated the legal system can be. Any case that involves an injury or death can be complex, but wrongful death cases can be even more difficult due to several factors.
Some of the factors that can make a wrongful death case complicated include the following:
- Prove that there was negligence and then connect that negligence to the train accident.
- Demonstrate that the defendant had a duty of care.
- Being able to establish that there was a breach of care.
- Having multiple parties involved.
- Navigating the federal regulations that can impact liability.
If you have any questions about the obstacles faced in Brightline wrongful death cases, please contact the lawyers of Florin|Roebig.
Why Hire a Specialized Train Accident Lawyer
Train accident victims in Florida can legally file insurance claims and represent themselves in a legal lawsuit. Still, there are many advantages to hiring a Florida Brightline injury lawyer. The legal process can be confusing, and errors can destroy your shot at proper compensation.
Hiring a lawyer specializing in train accidents is even more advantageous because they know the precise laws encompassing these cases. These attorneys are up-to-date with the latest rulings and law developments and will know precisely what your case needs to succeed.
Other advantages of hiring a specialized train accident lawyer for your Brightline train injury claim include the following:
- Evidence accumulation and investigation: For those who have not been in a train accident, you may not know what needs to be done or gathered. A specialized train accident attorney will know exactly what to do.
- Managing insurance companies: Lawyers are proficient at working with insurance companies and making sure they do what they are legally bound to do.
- Increased chances of getting appropriate compensation: When you hire a lawyer, they will automatically improve your chance of getting the settlement you need. You may be vulnerable after your accident and could be taken advantage of by companies trying to save money.
- Legal knowledge and expertise: Specialized train accident attorneys are up-to-date on all rulings concerning these accidents and their claims and can keep up with critical, immovable deadlines.
- Support: After being in a Brightline train accident that leads to injuries or death, you may be feeling helpless and overwhelmed. Lawyers specializing in these cases can be a great source of emotional help and can give you resources for further assistance.
Train accident cases are complex because many people may be affected. For instance, the train conductors, railway workers, Brightline for the train and train tracks, and their lawyers would all be involved.
“It is not uncommon for people to underestimate the need for a specialized attorney. Skilled Florida train accident attorneys, such as those at Florin|Roebig, can greatly influence your case,” informs Tommy Roebig.
If you have questions about the legal process regarding train accident injury claims and lawsuits, call the law offices of Florin|Roebig today for a free consultation and case evaluation.
How to Choose the Right Brightline Train Injury Lawyer or Wrongful Death Attorney
You may be overwhelmed with the options when you are looking for a specialized train accident attorney to handle your case. However, there are numerous factors that should be taken into consideration when choosing the best attorney for you.
The right attorney can positively impact your case and ensure that you are getting the best representation possible, as well as the most compensation available. The following are factors that you should take into consideration when choosing a Brightline train injury lawyer:
- Experience in dealing with train accident cases
- A successful track record with these types of cases
- Their knowledge of the applicable laws
- Their willingness to take on a major company like Brightline
- Their method of charging for their services, i.e., working on a contingency fee basis
- Positive client testimonials
Florin|Roebig’s Experience with Train Injury and Wrongful Death Cases
Florin|Roebig has built its reputation on proven results, having won over $1 billion for clients and represented them with compassion for forty years. Our attorneys know and understand what is at stake for those who come to us needing help to receive the compensation they deserve.
Train accidents happen with disturbing frequency. These types of accidents are generally considered avoidable, and a competent attorney can hold liable parties responsible for their negligence.
Our team of attorneys is prepared to work with pedestrians, employees, and others who have been affected by a Brightline train accident in Florida. If you are unsure if you should take legal action, we offer a free case evaluation to help you decide.
Frequently Asked Questions (FAQs)
How long do I have to file a claim after a Brightline train accident?
In Florida, those who have been involved in a Brightline train accident have two years from the moment the accident occurs to file a claim.
What compensation can I expect for my injuries?
The compensation a victim can expect to receive for injuries sustained in a Brightline train accident will vary depending on the injuries, the severity of the injuries, and the prognosis.
How long does it take to resolve a train accident or wrongful death case?
In Florida, it can take anywhere from 18 months to three years to resolve a train accident wrongful death case.
We Are Nationally Awarded Lawyers
Contact Florin|Roebig Lawyers Today
If you or a loved one have been involved in a Brightline train accident and have received serious injuries or have even lost a loved one, you may be unsure of what steps need to be taken.
When you schedule a free consultation and case evaluation with one of our esteemed attorneys, we can lay out your options and assist you in making the best decision for you and your family.
The following are the best methods of reaching our offices:
- Call our phone number 24/7
- Visit our website, florinroebig.com
