Articles Posted in Train Accidents

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railroad crossingWhile trains might not be a part of your transportation routines, the reality is that there are many trains in Florida and throughout the United States. Freight trains, high speed trains, and inter-city trains are different types of trains that may present dangers at railroad crossings. If you or someone close to you has been injured in a railroad crossing accident, it is imperative to reach out to a skilled Miami train accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to holding negligent parties accountable for the harm that they cause.

Federal Railroad Administration statistics show that more than one person is killed each day at railroad crossings across the United States. Other estimates suggest that there are nearly 3,000 train accidents each year across the country. There are a variety of ways that railroad crossing accidents can take place, including but not limited to:

  • Careless lookouts for cars and motorists near the tracks;
  • Defective railroad crossing gates and signals;
  • Trains that fail to sound their horns when approaching a crossing;
  • Poor crossing designs;
  • Objects protruding from the train;
  • Trains parked too close to a crossing; or
  • Poor visibility at a railroad crossing.

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trainIf 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. Continue reading →