Florida Train Accident Attorneys
Train accidents are far less common than other vehicle accidents, but many people are killed or injured every year in Florida due to these collisions. Should a train collide with a vehicle or other hazard, both the occupants of the train are affected by the collision can suffer serious and possibly fatal trauma in mere moments. At Farah & Farah, our Florida personal injury lawyers believe it is important for all Florida residents, train commuter or not, to understand FELA, the inherent danger of these types of accidents and how you may be affected by a crash.
What to Expect From Our Train Accident Attorneys
At Farah & Farah, we are dedicated to making the compensation process as convenient and hassle-free as possible for you. We can handle all of the legal tasks on your behalf, such as:
- Gathering evidence of your train accident.
- Communicating with the train company on your behalf.
- Advocating for the maximum possible compensation for your needs.
- Taking care of any medical-related needs you may have.
Ultimately, we are here to take care of the stressful tasks while you can focus on what’s truly important.
Who Is Liable For a Train Accident in Florida?
Liability in train accidents can often be difficult to determine due to the number of variables involved.
- The train engineer may be liable for failing to stop in time.
- Any railroad workers may be liable for improperly maintained tracks.
- The Florida Department of Transportation may be liable for safety and warning systems that failed to engage.
- Any drivers of involved motor vehicles may be liable for errors in driving.
Even if you were partly at fault, you may be eligible for compensation thanks to Florida’s liability laws. Florida’s modified comparative negligence law allows you to recover compensation even if you’re partly at fault.
You can recover damages in a train accident as long as you’re less than 51 percent at fault, but your damages will be reduced proportionately. For example, if you were 30 percent at fault, and your damages totaled $1 million, you’d receive 30 percent less, or $700,000.
If you were driving and you received a ticket for causing the accident, the ticket is not evidence that can be used in court. We’ll use witness interviews, forensic data, video surveillance, and other hard evidence to prove you were less than 51 percent at fault.
How Much Is a Train Accident Case Worth?
Because of the potential severity of a train accident, the value of your claim may vary greatly. Every case is unique, with varying circumstances that can significantly impact the value of your claim. In a truck-train accident, you may be able to earn damages for:
- Medical costs accumulated as a result of the accident, including hospital bills, ambulance services, follow-up appointments, rehab, and post-hospital medications and equipment needed.
- Any property damages if applicable.
- Pain and suffering as a result of the accident.
- Any potential earnings you may have lost due to missing work for your injuries.
- Lost earning capacity – any income you may have lost due to your reduced ability to earn money for the foreseeable future as a result of your injuries.
Pinpointing the exact value of your claim can be a difficult task to achieve, especially if you are dealing with serious injuries and stress. At Farah & Farah, our Florida train accident lawyers take care of this on your behalf, so that you can focus on healing and recovery rather than distressing legal work.
A Train Accident Can Change Your Life
Train accidents almost always have a huge effect on any passengers involved. They can often suffer serious, life-threatening injuries, such as:
- Fractures
- Spinal cord injuries
- Neck and back injuries
- Severed limbs
- Traumatic brain injuries
- Death
Even if injuries are minor, a train-on-train accident can traumatize passengers significantly, causing issues such as:
- Nightmares and trouble sleeping
- Depression
- Anxiety
- Survivor’s guilt
- Post-traumatic stress disorder
These health conditions can affect a person’s life for months, years, or even decades. As a result, we should not expect these people to have to deal with the legal aftermath of a train-on-train accident without the assistance of a skilled train accident attorney.
Common Causes of Train Derailments
When a train comes off its rails, an investigation is immediately conducted to determine the cause of the accident. Common causes for a derailment include:
- Track failure. Minor breaks in the rail can often go unnoticed as trains function normally on them – until the breaks get larger and a derailment occurs.
- Failure of track switches. Derailments can occur at switch points where trains are meant to switch onto adjacent tracks. Malfunctioning or otherwise broken switches can result in a derailment.
- Collision on the rails. This can happen at crossings or on the rail and can involve vehicles, people, or even animals such as cows.
- Failure of train equipment. Vital operating equipment on the trains, such as the wheels, can fail through a number of ways, causing slippage, misalignment, and derailment.
- Unusual track interaction. Some circumstances can result in rails becoming misaligned and potentially warped. This commonly happens in regions where there is hot weather for extended periods of time. Although there are braces in place to prevent buckling and warping, often these systems can fail.
- Engineer miscommunication. Failure to properly communicate of obstacles, other trains, and switch changes on the tracks can result in collisions, leading to derailments and serious injury.
Typically, most of these factors fall under the umbrella of negligence.
We Understand the Causes and Effects of Toxic Spills
Toxic spills from trains can happen due to a number of reasons:
- A simple train accident may lead to hazardous cargo being compromised.
- A derailment can cause catastrophic damage to any train cars carrying toxic materials.
- Engineer error can be the underlying cause of such accidents.
- Improper loading and securing of hazardous materials may result in leaks and spills.
- Other negligent behavior.
When introduced to the environment, a number of these hazardous materials may cause serious health problems that may persist for years. This includes:
- Respiratory damage, such as asthma, bronchitis, or emphysema
- Damage to eyes, potentially leading to blindness
- Severe chemical burns
- Headaches and dizziness
- An increased risk of cancer or other serious ailments in the future
- Potential birth defects for any future offspring
Related Page: Florida Toxic Exposure Lawyer
We Can Help You Qualify for FELA
To receive compensation under the FELA:
- The defendant (your employer) exercised some form of negligence.
- This negligence contributed to your injury in some way regardless of how small that contribution is.
We know that proving negligence in a case can be difficult for anybody – but it is especially stressful if you are seriously injured. Farah & Farah has the resources to help take care of the compensation process to relieve you of any additional legal burdens.
Facing the Train Companies
When searching for compensation for the losses that have resulted from a train accident, you not only face the individual responsible but the entire train company, their attorneys, and the insurance company. Such a challenge is intimidating and may scare many into not pursuing legal action or accepting whatever amount of compensation is initially offered to them. These companies seek to intimidate accident victims in order to avoid paying fair compensation, no matter how much they are responsible for the accident. However, through dedicated legal representation that investigates the accident, finds irrefutable proof, and uses key witness, the truth can be brought to light and your losses can be covered.
Our Florida Train Accident Lawyers Provide Dedicated Legal Representation
The Florida train accident attorneys at Farah & Farah are dedicated to protecting the rights of all accident victims. We have many years of experience handling a wide range of personal injury cases. For more information on how we can help, call our offices at (877) 245-6707 today.
What to Expect From Our Train Accident Attorneys
Who Is Liable For a Train Accident in Florida?
How Much Is a Train Accident Case Worth?
A Train Accident Can Change Your Life
Common Causes of Train Derailments
We Understand the Causes and Effects of Toxic Spills
We Can Help You Qualify for FELA
Our Florida Train Accident Lawyers Provide Dedicated Legal Representation
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