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Railroads have long been a backbone of American transportation and commerce. Trains carry passengers, goods, and hazardous materials through Florida every day. While trains are efficient, the devastation from a derailment, railroad crossing crash, or signal failure can change lives forever.
If you or a loved one were injured in a railroad accident, you deserve an advocate with the experience, resources, and results to fight for your rights. At Clark, Fountain, Littky-Rubin & Whitman, our Florida railroad accident lawyers and train accident attorneys in Florida have recovered over a billion dollars for injured clients. We combine deep trial experience with technical knowledge of railroad regulations to hold negligent parties accountable. Call 561-899-2100 today for a free consultation.
Who Needs a Railroad Accident Lawyer?
Railroad and train accidents affect a wide range of people:
- Passengers injured on commuter or long-distance trains.
- Drivers and pedestrians struck at railroad crossings.
- Railroad workers who suffer injuries covered by the Federal Employers Liability Act (FELA).
- Residents and businesses harmed by hazardous material spills from derailments.
- Families who lost loved ones in fatal train crashes.
If your injuries were caused by negligence, a defective component, or a dangerous crossing, a skilled railroad accident attorney in Florida can help you pursue justice.
Common Types of Train and Railroad Accidents
Rail accidents occur in many different ways. Some of the most common include:
- Derailments: Caused by track defects, excessive speed, or equipment failure. Derailments often injure passengers and nearby communities.
- Railroad crossing accidents: Collisions between trains and cars, trucks, or pedestrians, often at crossings without gates or warning signals.
- Mechanical failures: Faulty brakes, wheels, or couplers can cause catastrophic accidents.
- Worker accidents: Railroad employees face daily risks from heavy equipment, toxic substances, and unsafe working conditions.
- Hazardous cargo spills: Trains carrying chemicals or fuel can cause explosions, fires, or long-term environmental harm when accidents occur.
Our firm has the resources to investigate each type of railroad accident and pursue compensation against all responsible parties.
Leading Causes of Railroad and Train Accidents
According to the National Transportation Safety Board (NTSB), nearly 80 percent of public railroad crossings lack safety gates or warning lights. More than half of all fatalities occur at these unprotected crossings.
Other leading causes include:
- Signal and communication failures that prevent timely warnings.
- Human error such as distracted operation, fatigue, or inadequate training.
- Defective tracks with broken rails or misaligned switches.
- Mechanical defects including brake or engine failure.
- Poor maintenance of trains and infrastructure.
- Obstructions on tracks such as vehicles, debris, or pedestrians.
Each of these failures can form the basis of a negligence or product liability claim with the guidance of an experienced train accident lawyer in Florida.
You deserve seasoned litigation that cares about you and your life—call 561-899-2100 for a free case consultation!
Who Can Be Held Liable?
Train accident cases often involve multiple responsible parties. Potential defendants include:
- Railroad companies that operate trains and crossings.
- Train operators and crew members who may act negligently.
- Government agencies responsible for crossings, track maintenance, or signals.
- Equipment manufacturers of defective train parts, signals, or track components.
- Contractors who fail to maintain or inspect tracks properly.
Our attorneys investigate every angle of liability to ensure no responsible party is overlooked.
What To Do After a Train Accident
If you or a loved one has been injured in a railroad accident in Florida, take these steps immediately:
- Seek medical attention even if injuries appear minor.
- Report the incident to law enforcement or the railroad company.
- Document the scene with photographs of the crossing, signals, train, and surroundings.
- Collect witness information and obtain copies of police or incident reports.
- Preserve evidence such as damaged vehicles, clothing, or medical bills.
- Contact a Florida railroad accident lawyer before speaking to insurance companies or railroad investigators.
Taking these actions helps protect your rights and strengthens your potential claim.
The Claims and Lawsuit Process Explained
Understanding how a railroad accident claim works helps set expectations:
- Free case evaluation: We review your accident, injuries, and potential liability.
- Investigation: Our legal team and experts examine accident reports, black box data, signal records, maintenance logs, and witness statements.
- Filing a claim: We notify the railroad, insurers, and other parties of your intent to seek compensation.
- Negotiation: Many cases resolve through settlement when presented with strong evidence.
- Litigation: If necessary, we file suit in state or federal court and prepare for trial.
- Trial or resolution: We present evidence to a jury or negotiate a final settlement.
Throughout this process, our attorneys communicate with you directly and handle all contact with railroad companies and insurers.
Types of Compensation Available
Victims of railroad and train accidents may recover compensation for:
- Medical bills including hospital stays, surgeries, and rehabilitation.
- Future care needs such as physical therapy or long-term disability support.
- Lost wages and reduced earning capacity when injuries prevent returning to work.
- Pain and suffering caused by physical injuries and emotional trauma.
- Wrongful death damages including funeral expenses and loss of companionship.
- Property damage to vehicles or personal belongings.
Every case is unique. Our attorneys fight to maximize recovery based on your individual damages.
FELA Claims for Railroad Workers
Railroad employees injured on the job are covered by the Federal Employers Liability Act (FELA) rather than traditional workers’ compensation.
Key points about FELA claims:
- Workers must prove negligence by the railroad.
- Compensation can include medical expenses, lost wages, disability, and pain and suffering.
- Common injuries include crush injuries, toxic exposure, repetitive stress injuries, and traumatic brain injuries.
- FELA claims can be complex and are often contested aggressively by railroad companies.
If you are a rail worker injured in Florida, our attorneys provide experienced guidance on pursuing your FELA claim and maximizing compensation.
Why Choose Clark Fountain
- 200+ years of combined trial experience in catastrophic injury and wrongful death cases.
- Over $1 billion recovered for clients nationwide.
- Local authority as trusted train accident lawyers serving clients across Florida.
- Proven results in complex product liability and transportation cases.
- Client-first approach with personalized attention and direct communication.
We have the experience, resources, and determination to take on railroad companies and their insurers.
Request Your Free Case Evaluation Today
Do not wait to get the legal help you need after a train or railroad accident. The Florida railroad accident attorneys at Clark Fountain are ready to fight for justice on your behalf.
Call 561-899-2100 today or fill out our contact form to schedule a free consultation.
FAQs
Frequently Asked Questions About Railroad and Train Accidents
- Who can be held liable in a railroad or train accident case?
Liability may rest with the railroad company, the train operator, a government agency responsible for track or crossing maintenance, equipment manufacturers, or contractors. In many cases, multiple parties share responsibility.
- What steps should I take immediately after being involved in a train accident?
Seek medical attention, call 911, document the scene with photos or video, gather witness information, and contact a Florida train accident lawyer before speaking to insurance representatives.
- When is hiring a railroad accident lawyer necessary?
If you suffered serious injuries, lost a loved one, or face medical bills and lost income, hiring an attorney is crucial. Railroads have powerful defense teams, and a lawyer ensures your rights are protected.
- What types of compensation can I recover after a railroad accident?
You may recover damages for medical expenses, future care, lost wages, reduced earning ability, pain and suffering, property damage, and, in wrongful death cases, funeral costs and loss of companionship.
- How long do I have to file a lawsuit after a train accident (statute of limitations)?
In Florida, most personal injury lawsuits must be filed within two years. Railroad workers bringing FELA claims generally have three years. Speak with an attorney quickly to avoid missing deadlines.
- What is the Federal Employers Liability Act (FELA) and how does it affect railroad employees?
FELA is a federal law that allows injured railroad workers to sue their employer for negligence. Unlike workers’ compensation, it provides broader recovery, including pain and suffering.
- Can a railroad worker sue their employer for injuries on the job?
Yes. If negligence by the railroad contributed to the injury, even in part, workers may file a FELA claim for compensation.
- What should I do if I was a passenger injured in a train derailment?
Seek medical care, preserve your ticket and travel records, document your injuries, and contact a railroad accident lawyer in Florida to investigate liability and pursue compensation.
- Who can bring a wrongful death claim after a fatal train accident?
Spouses, children, parents, and sometimes other dependents may file a wrongful death claim under Florida law. Compensation can include lost financial support, funeral expenses, and emotional damages.
- Do I need evidence to pursue a railroad accident claim—what kind?
Yes. Useful evidence includes photos, video, witness statements, medical records, black box data, maintenance logs, and signal or crossing reports. Your lawyer will help secure and preserve this evidence.
- What are common causes of railroad and train accidents?
Frequent causes include unprotected crossings, defective signals, operator fatigue, mechanical failure, track defects, poor maintenance, and hazardous cargo spills.
- What if I am partly at fault for the accident (comparative fault)?
Florida follows a comparative fault system. If you share some responsibility, your compensation may be reduced by your percentage of fault, but you can still recover damages.
- How does insurance coverage work for railroad accidents?
Railroads and passenger train companies carry significant liability insurance. Claims may also involve auto insurers, manufacturers, or government entities depending on the circumstances.
- How are settlements calculated for train accident injuries?
Settlements consider medical costs, future care needs, lost income, pain and suffering, disability, property loss, and whether wrongful death damages apply. Strong evidence increases case value.
- Is it possible to sue for injuries suffered at an unprotected railroad crossing?
Yes. If the crossing lacked gates, lights, or clear markings, and the absence contributed to the crash, the railroad or responsible agency may be held liable.
- Can I make a claim if I was a pedestrian or cyclist hit by a train?
Yes. Pedestrians and cyclists injured at crossings or near tracks can pursue claims if negligence or inadequate warnings contributed to the accident.
- Will my case settle out of court or go to trial?
Many railroad accident cases settle before trial. However, if the railroad or insurer refuses fair compensation, your attorney may take the case to court.
- How long will a railroad accident lawsuit typically take?
Cases can take several months to several years depending on complexity, number of defendants, and whether trial is necessary.
- What is the process for filing a claim against a railroad company?
Your lawyer will investigate, identify liable parties, file notice or claims, negotiate with insurers, and, if necessary, file a lawsuit in state or federal court.
- Should I speak to the railroad company’s insurance representative?
No. These representatives aim to limit liability. Speak with your lawyer before giving any statements.
- What if the train involved was a commuter or passenger train (e.g., Amtrak, Brightline)?
You can pursue claims against passenger rail operators for negligence, poor maintenance, or inadequate safety measures that contributed to the crash.
- Are punitive damages ever awarded in train accident lawsuits?
Yes, but rarely. They may be awarded if the railroad or another party acted with gross negligence or willful disregard for safety.
- What role do expert witnesses play in railroad accident cases?
Experts analyze track conditions, mechanical systems, accident reconstruction, and safety compliance. Their testimony strengthens your case and proves negligence.
- How much does it cost to hire a railroad accident lawyer? Do they work on contingency?
Most railroad accident attorneys in Florida work on contingency. You pay nothing upfront and only owe legal fees if your case is successful.
- What makes railroad accident cases different from car accident cases?
They involve federal laws like FELA, specialized regulations, larger insurance carriers, and often multiple liable parties. They are more complex and require specialized legal experience.
- How is pain and suffering calculated in a railroad accident claim?
It is based on the severity of injuries, impact on daily life, duration of recovery, and long-term consequences. Testimony and documentation support this valuation.
- What is the responsibility of the railroad to maintain safe crossings?
Railroads must ensure crossings are safe, visible, and compliant with regulations. This includes maintaining gates, lights, warning systems, and clear sight lines.
- Can I file a claim on behalf of an injured child in a train accident?
Yes. Parents or legal guardians may bring claims for minors. Compensation can cover medical costs, long-term care, and future damages.
- What should I bring to a consultation with a railroad accident lawyer?
Bring the accident report, medical records, photos, insurance information, witness details, and any correspondence from the railroad or insurer.
- How can an attorney help maximize my recovery after a train accident?
An experienced lawyer investigates thoroughly, preserves evidence, retains expert witnesses, negotiates aggressively, and takes the case to trial if needed to secure full compensation.
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