Railroad Accidents a Real Risk in Florida

According to the Federal Railroad Administration Office of Safety, there has been a sharp increase in railroad accident deaths – from 301 deaths in 2014 to 363 deaths in 2015. A total of 22 of these railroad accident deaths have occurred in Florida in 2015. 22 lives were lost due to accidents that probably could have been prevented. In fact, 80% of Florida public railroad crossings remain unprotected by lights and safety gates. Our team of Miami personal injury lawyers find those statistics to be simply unacceptable.

Railroad accidents in Florida may occur because of:

  • Mechanical failure of the train or related hardware
  • Negligence or distraction of a train administrator or other representative
  • Faulty train intersections or dated tracks
  • Two trains impacting
  • Collision with an auto, truck, transport, or person on foot
  • Not adhering to the speed limit
  • Unsafe outline or designing of a train or railroad
  • Manufacturing lapses or glitches in trains or related apparatus
  • Visual impediments, broken or missing signs
  • Inclement weather
  • Inadequate security
  • Inadequately prepared train administrators
  • Drivers affected by drugs or alcohol

Ramifications of a Train Accident

Along with heart-breaking deaths, railroad accidents can cause spinal cord injuries, traumatic brain injuries, debilitating lower back injuries, paralysis, and permanent loss of limbs. If there is evidence that a railroad operator was negligent by failing to provide adequate warning systems and safety measures such as safety gates and security lights, you and your loved ones should explore taking legal action and contact an experienced railroad accident attorney. In addition to possibly obtaining restitution for your medical bills, lost wages, pain and suffering, a claim sends a signal to the industry that it needs to make safety a top priority.

Take Action Sooner Rather Than Later

The statutes of limitations make it particularly critical for railroad accident victims to contact an attorney at the earliest opportunity. The statute of limitations dictates how much time is available for an individual to pursue a claim against another individual, corporation, or other entity. The statute of limitations varies based on the state you reside in and the type of claim you have. For example, the statute of limitations for a railroad accident personal injury claim in Florida is four years from the date of the incident, according to Florida Code § 95.11(3)(o). However, if a loved one was killed in a railroad collision, you only have two years to file a wrongful death lawsuit, according to Florida Code § 95.11(4)(d). You read that correctly – if a loved one dies in an accident, you actually get less time to take legal action against the negligent party.

Speak to an Experienced Miami Railroad Accident Lawyer Today

A timely consultation with an experienced Miami railroad accident injury attorney will help ensure that your claim is filed before the expiration of the statute of limitations. A consultation with a lawyer will also help unveil all of the legal actions that may be available to you and your loved ones. Contact the experienced, aggressive legal team at Gerson & Schwartz, PC for a free, confidential case analysis.

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