South Florida Injury Lawyer Blawg
If you or someone you know has been injured in a train accident, an experienced Florida accident attorney can help. Train accidents can be particularly devastating for a vehicle or person with which the train collides, as well as people on the train. The sheer force, speed, and impact of a train can lead to serious permanent bodily harm, and in some cases even death. We understand the stress and emotional toll a train accident can have on a victim and an entire family, which is why we are committed to providing compassionate and competent representation to our clients.
There are a number of reasons railroad accidents can occur. When a railroad crossing is not clearly marked or improperly designated, the consequences can be devastating. When a railroad crossing is not clearly indicated, it can be extremely dangerous for cars, bicyclists, or pedestrians crossing the railroad tracks. Unless the obstacle on the tracks is very far away from the moving train, the train conductor typically does not have enough time to slow down or stop a train before it crashes into the object on the train tracks. For example, a train would take close to a mile to come to a stop if it was traveling at 50 miles per hour. Other reasons for car accidents can include derailments, grade crossing accidents, or accidents due to mechanical failures.
Determining responsibility for the improper marking of railroad crossings can be a complicated process because several parties may be at fault. Under Florida law, trains are considered “common carriers,” which means they are highly regulated and must abide by certain federal and state regulations. A common carrier should operate with the highest degree of safety and care while transporting passengers to their destinations. Thus, train operators and local railroads are responsible if an accident resulted from a failure of the railroad to meet the high standard of care required.
A victim in a train accident can bring a negligence claim against the at-fault party and seek monetary compensation for his or her injuries. Negligence is defined as the failure to exercise reasonable care in one’s actions or omissions. Reasonable care refers to the obligation to act as a sensible or prudent person would in the same or similar circumstances. In order to succeed on a negligence claim, the plaintiff must demonstrate the following elements: the defendant owed the plaintiff a duty of care, the defendant breached the duty of care by acting unreasonably, the defendant’s breach caused an accident, and the plaintiff suffered quantifiable injuries or damages as a result.
As a highly skilled Miami personal injury attorney, Robert Dixon represents those who have suffered serious injuries or have a wrongful death claim due to train accidents. We understand that being in a train accident can affect every aspect of your life. From physical injuries to emotional trauma, we know you are going through a lot. This is precisely why we handle every case with the utmost sensitivity and compassion. We will assess the merits of your case and explain all your options to you. To learn more, contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.
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