Miami Railroad and Train Accident Lawyer
801 Brickell Avenue, Suite 900
Miami, Florida 33131
Since the Port of Miami is among one of the busiest ports on the east coast, it isn’t surprising that there is considerable railroad and passenger train traffic in and out of the Miami – Dade County area. Given the high volume of rail traffic at all hours of the day and night, it also isn’t surprising that there are accidents that involve trains and personal transportation such as automobiles and motorcycles.
What Are the Causes of Railroad Accidents?
There are many possible causes for railroad accidents, both those where the cause is obvious and those where a cause is difficult to determine. In some cases there is what seems to be an obvious cause, such as a car being struck by a train or a mechanical failure of a warning sign. In other cases the cause of an accident. In other cases the cause is more difficult to identify and there are some causes that are never explained to the satisfaction of everyone.
Probably the most common accidents involving trains occur at railroad crossings when a train strikes an automobile or a truck. The next most common involve someone who is walking along a railroad track is struck by a train or some piece of moving railroad equipment. Less common are accidents such as derailments or leaking transport cars.
In cases where a vehicle or even a pedestrian is struck by a train it is natural to think that the railroad is responsible and the only question that remains is how much will the railroad have to pay the accident victim’s family. In reality, this is not often the case.
It is up to the victim or the victim’s family to prove that the railroad’s negligence or carelessness was the cause of the accident and that the victim was not the party at fault. Surprisingly, this quite often works in the railroads favor because even if it is found to be responsible for the victim’s injuries, it can often successfully argue that the victim’s own carelessness played a major role in his receiving those injuries.
When someone’s own carelessness contributed to their injuries, the party being sued can raise the issue of contributory negligence and argue that it should not have to pay the full amount of damages when it was not fully responsible for those damages. This argument is allowed in the Florida courts and, in simplified terms, works like this.
A man was injured when his car was struck by a train. At trial, he was awarded $100,000 in damages. The railroad argued that the man was also responsible for part of his own injuries because he had been drinking and pulled onto the tracks just before being struck. If the man is found to be 70% responsible, the damages would be reduced by 70% and he would only receive $30,000.
Questions of responsibility and liability are often contested by railroads, even when it would seem to be better for them to simply settle a claim rather than contest the issue in court. For this reason alone, it is wise not to deal directly with a railroad except through an experienced Miami railroad and train accident injury lawyer.
Why You Need a Railroad and Train Accident Injury Lawyer
When dealing with large corporations and their almost unlimited legal resources it is important that you have a lawyer that has experience in dealing with personal injury and wrongful death claims that directly involve railroad property such as railroad crossings and rights of way.
Railroad and train accident cases are seldom “cut and dried” when it comes to questions of fault and liability. Furthermore, railroad companies have the benefit of their own in-house legal departments where their lawyers spend most of their time defending the railroads against personal injury / wrongful death claims.
The Miami railroad and train accident injury lawyer with the Doan Law Firm has the training and experience to manage injury and wrongful death claims involving local rail lines as well as Amtrak and can be contacted at any time by calling our Miami office at (786) 671-0000.
At the Doan Law Firm your first consultation with our railroad and train injury attorney is always free and in no way obligates you to our firm. If you should ask us to manage your case, we never ask for any fees or expenses from a client, and we will accept responsibility for all expenses that are necessary for you to win your case in exchange for an agreed-upon percentage of the final settlement awarded in your case.
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