Intersections, whether regulated or not, are the scenes of a significant number of accidents. Car accidents that occur in intersections can lead to some of the most devastating injuries for motorists, as well as pedestrians and bicyclists. Often these accidents are caused by a driver’s failure to take proper care in approaching, or navigating through, an intersection. Miami car accident lawyer Robert Dixon helps those who have been injured by careless drivers pursue legal action in order to seek compensation they need for their injuries. The Law Offices of Robert Dixon provides seasoned and knowledgeable legal representation to South Florida residents, including those in Miami-Dade, Broward, and Palm Beach Counties. If you’ve been injured or lost a loved one in a car accident that occurred in an intersection, you can contact our office to find out more about your legal options and set up a free consultation.
Causes of Car Accidents in Intersections
When an accident occurs in an intersection, it is usually due to the negligence of one or more drivers, which can manifest in a variety of ways. One of the most common factors in causing these types of collisions is a motorist’s failure to yield the right of way to another vehicle or individual on the road. Other common causes may include:
- Drivers running a red light
- Speeding
- Drivers failing to adhere to stop signs
- Drivers failing to look for oncoming vehicles when making a left-hand turn
- Driver distracted by their phones or other internal or external factors
Injuries such as broken or fractured bones, whiplash, as well as traumatic brain injury or even death can result from these accidents. Holding those responsible for such harm legally liable is not only important for financial reasons, but also to potentially bring emotional closure to the victim(s).
Intersection Accidents at Railroad Crossings
Railroad crossings pose unique dangers for vehicles and pedestrians. These intersections present a potential for serious accidents due to broken or malfunctioning crossing gates, inadequate signage, or distracted or intoxicated train conductors. Miami car accident attorney Robert Dixon assists victims who have been injured, or families who have lost loved ones, in intersection accidents at railroad crossings. When such accidents are caused by negligence, those injured have a legal right to seek compensation for the harm done from the responsible parties. At the Law Offices of Robert Dixon, we assist clients in investigating the circumstances leading up to the railroad crossing accident, so that the proper individuals or entities are held accountable. We represent clients in South Florida area, including the counties of Miami-Dade, Broward, and Palm Beach.
Accidents involving trains may be caused by a variety of factors. Some of the most common causes of railroad crossing accidents are due to a train conductor or employee error, mechanical issues with the train, signalmen error, failure or disruption of the track, or negligent actions of a driver or pedestrian. The Miami Herald reported that between 2014 and 2018, 462 railroad crossing accidents occurred statewide, with only five states having more accidents during this time. 25 percent of these accidents have led to injuries, and 16 percent have resulted in a fatality. The velocity and mass of a train increase the likelihood that the force of the collision will result in serious, life-altering injuries or death.
Liability for Car Accidents in Intersections
A driver is negligent when they breach a duty of reasonable care they owe to the victim, thereby causing the victim’s injuries and resulting in damages. Motorists owe each other, as well as anyone else on the road, a duty to act as a reasonable and prudent person would if faced with the same or substantially similar circumstances. When a driver speeds through a red light or fails to look for other cars when making a turn, causing an accident, these actions could be viewed as unreasonable. Even when a victim is partially at fault for causing his or her own injuries, Florida allows for comparative compensation from each negligent party. For instance, if an accident results from one driver speeding through a yellow light while another does not yield the right of way as they are making a turn, if one of them is injured they can still potentially recover damages despite their own carelessness. Compensation is awarded based on each party’s degree of fault, meaning that if an injured party is found to be 45 percent negligent for an accident, they can still receive 55 percent of their damages from another negligent party.
Once liability is established, a victim can receive damages for past and future medical expenses, lost income, loss of earning capacity, and in some instances, compensation for pain and suffering, depending on the severity of injury. In wrongful death claims, where families file suit on behalf of a deceased loved one, compensation for outstanding medical bills related to the injuries that lead to the death, as well as loss of support and burial or funeral expenses may be awarded. Consulting an attorney who can help determine your legal options as soon as possible following a car accident in an intersection is important to making sure your rights are protected.
Liability for Railroad Crossing Accidents
As common carriers, trains are subject to specific rules and regulations, which impose a duty of reasonable care to passengers as well as others. This duty extends to anyone injured as a result of a train accident caused by negligence, including occupants in vehicles and pedestrians near railroad crossings. When a victim is injured or killed in a railroad crossing accident, an investigation will be crucial to identifying the parties responsible. A railroad company may be found negligent, meaning that it has breached its duty of reasonable care, if the collision is caused by the train failing to sound its whistle at the appropriate time, the company not providing proper training to conductors or engineers, or the lack of adequate maintenance performed on the train. An engineer who operates the train under the influence of alcohol or drugs, or fails to adhere to safety guidelines can also be accountable. The company that maintains the tracks, or is responsible for maintenance of railroad crossing lights, barriers, or other safety measures required at railroad crossing intersections can also be liable if one of these factors contributed to the accident. An experienced lawyer will understand how to obtain the maintenance records to determine whether the company failed to repair damaged safety equipment, perform routine maintenance or skipped safety inspections.
Drivers can also act negligently and play a role in causing their own injuries, as well as those of passengers. However, in Florida, when an injured victim is partly, or even mostly, liable for an accident, they may still recover damages in proportion to their degree of fault. For example, if a driver, who ignored safety barriers and sped through a railroad crossing, is found to be 70 percent at-fault for his injuries, he can still receive 30 percent of his damages from the other liable parties. Victims injured in intersection accidents at railroad crossings may be eligible for compensation to cover their past and anticipated medical costs, loss of earnings or diminished earning capacity, as well as pain and suffering. Families of loved ones who died as a result of someone else’s negligence may also recover damages for burial costs, funeral expenses and loss of support.
Dealing with your injuries while also trying to manage your insurance benefits and figure out your legal rights can be an overwhelming experience in the aftermath of a crash. If you’ve sustained a significant injury, or a loved one has passed due to an accident at a railroad crossing intersection, please contact our office to learn about your legal rights and options.
