Railroad companies across this nation have strict rules to follow. Most of the rules serve purposes of safety and protection of motorists and pedestrians. As you may know, sometimes railroad companies do not follow said rules. This can cause fatal accidents. Yet, train passengers and nearby motorists can be injured or even killed by trains even when train companies follow the rules.
For instance, recently in Plant City, Florida, a passenger in a SUV was killed when a train struck the vehicle. This accident occurred at the railroad crossing for Candis Road and Paul Buckman Highway. 19-year-old Bruce Dean drove the vehicle. Mr. Dean, apparently, attempted to beat the train through the intersection. During this failed attempt, the train forcefully smashed into the passenger side of the SUV. The passenger died at the scene. Per statistics, the overall most common cause of railroad accidents occurs at railway crossings. As in the above-mentioned incident, motorists make attempts to beat oncoming trains through the intersection. In actuality, studies find that this type of accident in the United States occurs every 90 minutes.
If you or a loved one is injured from a train accident, at the fault of the railway or train company, it is imperative to hire an experienced personal injury attorney for your case. The Miami personal injury lawyers at Gerson & Schwartz, PA are here for you.
Causes of Train Accidents
There are several causes of train accidents. Inadequate track maintenance, train derailment and defective equipment, for instance, leads to several train accidents. Conductor or railway negligence may also cause accidents. Please be advised that, if you are a passenger of a train, the train does not have to crash for you to sustain serious injuries. The railway’s improper braking or accelerating, slippery floors, or improper door closings may also lead to serious injuries.
In any of these cases, if you are injured as a passenger of a train, as opposed to a motorist, you will need to prove negligence under common carrier theories. A common carrier is an entity, such as a train company or taxi service, whose business purpose is to transport people or goods from place to place for a fee. These carriers can be held liable for their passengers’ injuries if the injured individual is able to prove negligence.
Even if you are a motorist, and not a passenger, if a railway or train company injures you, you will want to prove negligence. In Florida, proving negligence requires you to prove the following elements by a preponderance of the evidence. For one, you (“Plaintiff”) must prove that the railway or train company (“Defendant”) owed you a duty of care. Second, Plaintiff must prove that Defendant breached said duty of care. Third, Plaintiff must establish that Defendant’s breach was the actual cause of his or her injuries. Fourth, Plaintiff must prove that Defendant’s breach was the proximate, or foreseeable, cause of his or her injuries. Lastly, Plaintiff must be able to establish that he or she was indeed injured. If you are successful in your negligence claim, you may be compensated for your medical expenses, pain and suffering, lost wages, disfigurement, permanent physical disability, property damage, loss of enjoyment of life, etc.
Hire an Attorney for Your Case
If you or someone you love has been injured in a railroad accident, it is critical that you contact an attorney. The Miami Railroad Accident Lawyers at Gerson & Schwartz, PA are here for you. Contact our attorneys today at 305-371-6000 or via email at firstname.lastname@example.org to schedule a FREE consultation. At Gerson & Schwartz, P.A. we have the skill and expertise to handle all types of railroad accident cases.