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. 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.
AttoSouth Florida Intersection Accidents at Railroad CrossingsnodAccidents 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 Railroad Crossing AccidentsAs 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.
Consult with an Attorney in MiamiIdentifying the various parties involved and uncovering the evidence needed to succeed in a railroad crossing collision case can be complex. Robert Dixon has the experience and knowledge to handle your personal injury case. If you have questions regarding what to do after a railroad accident at a crossing, please call the Law Offices of Robert Dixon at 877.499.4878 or contact us online today in order to set up a free, no obligation consultation. Our lawyers serve clients in West Palm Beach, Fort Lauderdale and Miami.