Brightline Train Accident Lawyer
If you or a loved one were injured or were the victim of a wrongful death due to an accident with a Brightline train, contact a Brightline train accident lawyer at Gerson & Schwartz P.A. Our personal injury law firm is here to help you. For over 49 years, we have representing South Florida injury victims recover money damages for negligence of others in railroad accident cases in Miami and other parts of South Florida. Contact us to speak with one of our personal injury lawyers to help evaluate your Brightline train accident injury claim. All new case consultations are free and there are no upfront costs to get started.About Brightline Trains Serving Miami and South Florida
Residents in Miami-Dade County have a new way to get around. Brightline is a diesel-electric combination higher speed train. On May 19, 2018, Brightline train service started in Miami, after beginning in Fort Lauderdale and West Palm Beach in January 2018. In Miami, commuters can easily transfer back and forth to the Metrorail and Metromover. Initially, the commuter train connects only the three cities. However, it is set to reach the Orlando Airport in the future. Brightline is the only privately owned and operated passenger rail in the U.S. It is owned by All Aboard Florida, a wholly owned subsidiary of Florida East Coast Industries.6 Fatal Brightline Train Incidents in the First few Months of Operations
Despite only being operational for several months the Brightline rail line has already experienced a number of accidents including fatalities. Within it's first week of operation, two individuals were killed at South Florida railroad crossings in separate incidents. Within the first three months, Brightline train accidents were connected to a total of four deaths and three other injured individuals. As of June 2016, there were a total of six deaths involving Brightline trains in Miami and South Florida.
While the new train system is a boon for commuters and travelers in the region, it increases the potential for pedestrian and vehicle-train accidents. Brightline’s top speed is approximately 120 mph, and is running at about 80 mph during this initial phase. It will not always travel at top speed, yet accidents with a higher speed train are likely to be deadly. At 80 mph, Brightline runs significantly faster than the typical freight train in the region.
Common Causes of Railroad Accidents
If you or a family member has been the negligence victim in a railroad accident and need legal representation contact us to speak with a Brightline train accident attorney at Gerson & Schwartz, PA. Train accidents can be devastating, and they are almost always avoidable. When everyone at the railroad company performs their duties well, and when the railroad company implements adequate safety features, everyone steers clear from pedestrian or vehicle-train accidents. Unfortunately, the top cause of train accidents is human error. When someone does not behave the way they should, they put themselves and other lives in danger.
Many train accidents and injuries occur due to:
- Inadequate or defective warning devices
- Conductor distraction
- Conductor fatigue
- Other conductor negligence
- Conductor inexperience or negligent training
- Crossing gate malfunctions
- Miscommunication between railroad employees
- Improper track maintenance
- Broken rails
- Defective train equipment
- Mechanical or electrical failure
- Object, person, or vehicle on the tracks
It can be difficult to immediately determine the cause of a railroad accident with a Brightline train. Identifying the underlying cause can take weeks or months of an investigation by local, state, and federal authorities. If you were injured in a train accident, or lost a loved one in a crash, then you should contact our law firm. Our legal team can help you conduct an independent investigation and find out the truth regarding what happened and hold negligent parties accountable in the courtroom.
Who is Responsible for a Brightline Railroad Accident Claim in Miami Dade or Broward County?
After a train accident, you want to know who is responsible and why. Brightline injury victims and family members want to know why the crash occurred. Learning the cause of any railroad accident and who was directly at fault usually takes considerable time to investigate. Our Miami based personal injury law firm have offices located in Miami, Fort Lauderdale and West Palm Beach. We have the resources to help find the answers and get compensation for our injury victims. After any train accident, local, state and government agencies will conduct a comprehensive accident investigation. This usually takes months before root causes are identified and reports are filed. We are experienced in understanding how to investigate these types of legal claims.
If you are interested in pursuing compensation for your injuries, then you need to speak with a Brightline train accident lawyer in Miami about legal liability. In many situations, the person directly at fault for a train accident is not the only liable party. For instance, if a conductor’s negligence caused the crash, then the conductor’s employer may be responsible for compensating you. If the train accident was the result of a track defect, then the businesses that owns the railroad track may be liable. Other times grade cross warning devices can malfunction. We understand the complex issues involved in train accidents and other types of complex transportation injury claims.
Potentially liable parties include in a Brightline Train Accident include:
- A railroad employee
- The rail company that owns and operates the train
- The company that owns and operates the track
- The train or parts manufacturer
- A municipality or government entity
If you are injured in a train accident involving a Brightline train or that is another party’s fault, then you may be entitled to compensation for:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Scarring and Disfigurement
- Disability and the Inability to lead a normal life
If you lost your parent, spouse, or child in a railroad accident that was caused by someone else, then you may have the right to seek compensation through a wrongful death claim, including:
- Medical expenses
- Funeral and burial expenses
- Loss of decedent’s income
- Loss of decedent’s services
- Loss of future inheritance
- Loss of decedent’s guidance
- Loss of decedent’s society and companionship
- Pain and suffering
After being injured or suffering a loss in a train accident involving Brightline, Metrorail, Metromover, or another rail line in Florida, the best thing you can do is contact an attorney. Our team at Gerson & Schwartz P.A. has years of experience in handling railroad accident cases. We will thoroughly investigate what happened and determine who is liable. We will also discuss with you the theory of comparative negligence in Florida. If you or your loved one were partially at fault for the accident, your compensation may be reduced.
For help in determining who is at fault and liable for a railroad accident that caused your injuries or loss, call a Brightline train accident lawyer in Miami today. To learn more about your rights after a train accident, contact Gerson & Schwartz P.A. online or by calling (877) 475-2905. You can also reach us at our Miami office by calling (305) 371-6000.