Florida Railroad Accident Lawyer

In 2023, Florida was among the top states for railroad crossing accidents with recorded 122 collisions at railroad crossings, which resulted in 21 deaths and 47 injuries​. This underscores the importance of prioritizing safety and accident prevention in this area. The dangers inherent in train travel can result in accidents affecting workers, passengers, and the public. It is crucial to be aware of your rights and available options if you or someone you know has been involved in a railroad accident in Florida.

Protecting Railroad Workers In Florida After Accidents

Railroad employees face unique risks due to the inherently hazardous nature of their work environments, necessitating legal protection following accidents. Injuries can vary from bruises to severe trauma, such as:

• Traumatic injuries from collisions or derailments.
• Repetitive strain injuries from daily tasks.
• Exposure to hazardous materials leads to long-term health issues.

Unlike industries that rely on standard workers’ compensation laws, railroad employees are covered primarily by the Federal Employers’ Liability Act (FELA). This law allows workers to file negligence claims against their employers directly, requiring them to prove that the railroad employers share some responsibility for the injury. This differs from workers’ compensation cases where fault is usually not a factor. Given the demanding burden of proof, in FELA cases having a lawyer who comprehends railroad operations and safety protocols becomes essential.

Protecting Passengers After Railroad Accident In Florida

Passengers injured in railroad accidents may experience a range of injuries from mild to catastrophic, including:

• Impact injuries from collisions.
• Slip and fall injuries within or getting on/off the train.
• Psychological injuries such as trauma from experiencing or witnessing a crash.

Passenger claims are usually processed under state tort law, which involves proving negligence by the railroad. Jurisdictional issues can complicate these claims, especially when accidents occur across state lines or involve interstate commerce regulations. Legal expertise is vital to handling these cases effectively, ensuring the right jurisdiction is selected, and maximizing the compensation received.

Accidents At Railway Crossroads And Grade Crossings In Florida

Crossroads and grade crossing accidents often involve non-railroad personnel, such as drivers and pedestrians, and can result in:

Severe vehicle-related injuries due to collisions with trains.
Fatalities are tragically common in such accidents due to the massive force of trains.

These accidents might involve multiple legal areas, including personal injury law, traffic regulations, and railroad operation standards. Determining liability can be complicated, often involving the railroad, vehicle drivers, and even local governments responsible for maintaining crossing signals and safety measures. Seeking professional legal help allows you to unravel these complexities, devising an approach for pursuing claims.

Just Call Moe: Your Go-To Railroad Accident Attorneys In Florida

Handling the legal aftermath of a railroad accident in Florida mandates understanding detailed federal and state laws that impact these accident scenarios. Various rules may govern types of injuries, influencing the legal strategies to be used to pursue compensation.
Here’s how we can help:

• Legal Knowledge: Railroad law includes detailed federal regulations that can sway the outcome of litigation. Our attorneys specializing in this field can provide crucial insights and up-to-date knowledge on how these laws apply in your best interest.
• Establishing Negligence: In many railroad injury cases, especially under FELA and personal injury claims, the victim must prove negligence. We can help gather the necessary evidence and construct a compelling case.
• Just Compensation: Our attorneys understand how to calculate and negotiate for full compensation, including medical costs, lost wages, and pain and suffering.
• Managing Tough Negotiations: Dealing with railroads and insurance companies often involves detailed negotiations that our attorneys are better equipped to handle effectively.

Take The First Step Today

Choosing the right attorney can define the course of a railroad accident claim. At JustCallMoe, our dedicated team leverages extensive legal and a client-centered approach to fight for the rights of individuals impacted by railroad accidents in Florida.

If you or someone you care about has been involved in a railroad accident, don’t go at it alone. Just Call Moe today to analyze your legal avenues and guarantee that your rights are thoroughly safeguarded and fair compensation is sought ON TIME, reflecting the gravity of your injuries and the specifics of your case.

FAQ ON RAILROAD ACCIDENTS IN FLORIDA

What Is The Impact Of Federal Preemption On State Laws Regarding Railroad Safety?

Federal law often overrides state law in railroad operations across the country, although state laws related to public safety at railroad crossings can still influence outcomes. This legal interplay can be challenging, and that’s why you should Just Call Moe. Our attorneys can clarify these legal boundaries and advocate for your best interests​

Who Can Be Held Liable In A Railroad Accident In Florida?

Liability in railroad accidents can involve the railroad company, equipment manufacturers, and maintenance entities. The specific causes, such as operator negligence or equipment failure, determine liability, therefore professional legal guidance is vital for handling these cases. Just Call Moe specializes in identifying all responsible parties and pursuing the appropriate legal remedy to ensure you receive the compensation you deserve. ​

What Compensation Can I Claim In A Railroad Accident Lawsuit In Florida?

Victims can claim compensation for medical expenses, lost wages, pain and suffering, and sometimes, punitive damages if gross negligence is proven. Just Call Moe to ensure your compensation is accurately calculated and negotiated, covering all your damages.

How Does Comparative Negligence Affect My Railroad Accident Claim In Florida?

Florida’s comparative negligence laws allow you to recover damages even if you are partially at fault, though your compensation may be reduced by your percentage of fault. However, this may also vary from case to case. Professional legal guidance thus ensures a fair evaluation and representation of your case. Just Call Moe can help demonstrate the other party’s greater liability and maximize your compensation.

How Long Do I Have To File A Claim After A Railroad Accident In Florida?

The statute of limitations for most personal injury claims in Florida has been revised to 2 years from the date of the accident. However, specific nuances in railroad accident claims in Florida might affect this timeline. Just Call Moe promptly to ensure your claim is filed within the necessary time frame and all procedural requirements are met.