The railroads play a key role in the US economy, offering low-cost freight and goods shipping methods. They also help commuters travel to and from work, especially in urban and suburban areas where train networks provide a vital public transportation link. However, train accidents remain a significant concern. Railroad deaths totaled 995 in 2023, up 10% from the previous year. According to the Federal Railroad Administration (FRA), more than half of all train accidents occur at railroad crossings.
Victims of train accidents are often overwhelmed with the complexities of the legal landscape to recover compensation. If you have been injured in a train accident in Fort Lauderdale, FL, contact us at Englander Peebles. We offer legal guidance and representation in train accident cases.
Causes of Train Accidents
Train accidents can have a wide range of causes. One of the most common causes is operator negligence. Train operators must follow strict safety protocols. Any deviation from these standards can result in accidents, causing serious injuries and property damage. In some cases, human error by drivers or pedestrians is responsible for these accidents.
Another common cause of accidents is poor infrastructure, including outdated technology, inadequate maintenance, and lack of investment in necessary upgrades. Railroad safety depends on the performance of tracks, bridges, signals, and other infrastructure components. Even a minor issue with the track can have serious consequences, including unexpected stops, derailments, and train-car collisions. Infrastructure faults increase the risk of train accidents.
Other common causes of train accidents include mechanical issues with the train and obstructions on the tracks. Harsh weather conditions can also play a role in train accidents.
Legal Process in Train Accident Claims
If you have been injured in a train accident, you must take immediate steps to protect your rights. Seek medical attention for your injuries, document the scene, and notify law enforcement about the accident. Notify your insurance as soon as possible.
The legal process for train accident claims starts with your attorney gathering necessary evidence, completing all the required legal paperwork, and filing a claim with the appropriate insurance company.
Your attorney can advocate for your rights and seek full and fair compensation for your losses throughout negotiations. You can take the case to court if a fair settlement cannot be reached.
Your attorney can initiate the process by filing a lawsuit in a civil court. Before trial, all parties will engage in a discovery phase to gather and exchange relevant information about the case. After the discovery phase, the case will proceed to trial, where a judge or jury will assess the facts and render a verdict based on their judgment.
What Is the Federal Employers’ Liability Act?
Many rain accident victims are railroad workers. The Federal Employers’ Liability Act (FELA) offers legal protection to railroad victims who have been injured at work due to the railroad’s negligence or any of its agents.
Unlike the standard workers’ compensation claims, which limit the amount of damages that can be recovered, FELA allows victims to seek full damages. Under FELA, workers aren’t limited to injuries sustained on or near a train or railroad. Anyone employed in a job connected to the railroad industry can file a claim if they can prove their injury happened while performing their job. This means that even if you’re working in a related capacity, you still have the opportunity to seek compensation for your injuries.
How Can Englander Peebles Help in Train Accident Claims?
At Englander Peebles, we have a proven track record of helping train accident victims to get the maximum possible compensation for their suffering. This includes damages for medical expenses and lost wages.
Our Fort Lauderdale attorneys ensure each case receives personalized attention so we can tailor our legal strategy accordingly. With unwavering dedication, extensive experience in train accident cases, and a deep understanding of train accident laws, we can effectively advocate for your rights and pursue the compensation you deserve.
If you or your loved one has suffered harm in a train accident, contact our attorneys at Englander Peebles. Call us to schedule a free consultation with a personal injury lawyer.