Train accidents in West Palm Beach and throughout Florida are more common than many residents realize. According to data from the Federal Railroad Administration, there were over 360 Florida railroad fatalities between 2017 and 2023. If you are injured by a train accident, you should hire a train accident lawyer in West Palm Beach, Florida.
Railroad accidents can result in serious injuries, and seeking compensation for victims involves navigating complex legal challenges. It is crucial to contact a qualified attorney to handle the intricacies of railroad accident claims. While not all train accidents result in fatalities, many result in devastating injuries to victims, including train passengers and those in vehicles struck by trains. If you suffered an injury in a train accident in West Palm Beach, contact Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. at (561) 689-8180 for a free consultation with one of our experienced train accident lawyers.
Types and Causes of Train Accidents in Florida
Multiple types of train accidents can cause severe injuries to passengers and those in the train’s path. Some of the most common types of train accidents in West Palm Beach, Florida, include:
- Derailments – These accidents are when the train leaves the tracks, often due to speeding, poor track maintenance, or a hazard on the tracks. Derailments are among the worst train accidents as they can cause significant injuries to many passengers at the same time.
- Crossing Accidents – These accidents occur when the train strikes a person, animal, or object that’s crossing or stopped on the tracks. The force of a train striking a vehicle on the tracks can cause injuries to passengers and is usually fatal for anyone still in the vehicle.
- Equipment Malfunctions – Modern trains are complex pieces of machinery that require constant maintenance and upkeep. Equipment malfunctions can lead to brake failures, fires, or signal disruptions, all of which can lead to accidents.
Train accident cases often involve complex liability issues and require specialized legal representation to handling the various factors influencing damages and settlement amounts.
Common Causes of Train Accidents
Most train accidents result from someone’s negligence, and victims can file lawsuits against the negligent party for their injuries. In the case of a railroad accident, the complexities involved in seeking compensation for victims often require the expertise of a qualified attorney. Some of the most common causes of train accidents include:
- Speeding – When locomotive engineers don’t follow track speed limits, it can increase the chance of derailment or other accidents. Trains require a long distance to stop, and speeding only increases this distance.
- Engineer Negligence – Train engineers who work while fatigued, impaired, or distracted put passengers and others around the tracks at risk.
- Poor Maintenance – Improperly performed or skipped maintenance on both trains and tracks can contribute to accidents.
- Track Obstructions – Vehicles, animals, debris, and other track obstructions can result in collisions and derailments.
Common Train Accident Injuries
Injuries sustained in train accidents can range from minor to severe, and it is crucial to seek immediate medical attention to properly address any injuries sustained and to potentially impact the monetary compensation received. Some of the most common injuries suffered in train accidents include:
- Whiplash – This injury occurs when the neck violently shakes back and forth after a sudden impact, straining the muscles in the neck and leading to chronic pain, headaches, and other symptoms.
- Spinal Cord Injuries – These injuries can cause either temporary or permanent paralysis, depending on if the spinal cord is pinched or severed.
- Head Injuries – Traumatic brain injuries (TBIs) caused by blunt force trauma to the head or penetrating injuries can result in permanent physical and cognitive disability.
- Internal Injuries – Internal injuries may not immediately show symptoms, causing victims to believe they’re okay while the internal damage worsens.
- Broken Bones and Lacerations – Broken and fractured bones and deep lacerations are some of the most prevalent injuries suffered by train accident victims.
Compensation for Victims of Florida Train Accident Injuries
Victims of Florida train accidents can seek money for the following from liable parties:
- Medical Expenses – Compensation for your surgeries, hospital stays, medical treatments, medical devices, prescription medications, and physical therapy
- Lost Wages – Compensation for the wages you lost while recovering from your injuries and the wages you’ll lose in the future due to your injuries’ impact on your ability to work
- Pain and Suffering – Compensation for the physical pain and emotional suffering you experienced due to your injuries
- Property Damage – Compensation for repairing or replacing your damaged property, such as your vehicle, if a train struck it
- Funeral and Burial Costs – If your loved one died from injuries suffered in a train accident, you may be able to seek funeral and burial costs through a wrongful death lawsuit
Personal injury protection (PIP) is a mandatory insurance coverage in Florida that provides financial assistance for medical expenses and lost wages resulting from accidents, including those involving train accidents.
What to Do After a Train Accident in West Palm Beach
After suffering injuries in a train accident, you should take the following steps to protect your right to compensation:
- Get medical treatment and follow through with all prescribed treatments and appointments. This is important for your health and can help prevent insurance companies from claiming your injuries aren’t serious.
- Keep your medical bills so your attorney can use them when calculating your medical expenses.
- Write down everything you remember about the accident while the details are fresh in your mind. You may need to recall these details later, and your notes will help.
- Contact a West Palm Beach train accident lawyer who can assist you with all aspects of your case, from investigating the accident and filing your lawsuit to negotiating a settlement with insurance companies and representing you at trial.
Hiring an injury lawyer is crucial to effectively file a train accident claim and secure compensation for various damages, including medical expenses and loss of income.
Who Is Liable for a Train Accident in West Palm Beach?
After a train accident, identifying at fault parties can be complex, as multiple parties may share liability for your injuries. The most common liable parties include:
- Locomotive engineers who engage in negligent activities, such as distracted train operation.
- Train operators, such as Brightline or Tri-Rail, that engage in practices that contribute to crashes.
- Maintenance providers, such as railroad companies, who fail to maintain trains and tracks properly.
- Third parties who engage in negligent activities, such as by stopping their vehicle on the tracks.
Train Operators in West Palm Beach
If you suffered a train accident injury in West Palm Beach, Florida, one of the following train-related companies may be liable for your injuries:
- Brightline – Brightline is a passenger rail service with stations in West Palm Beach, Boca Raton, Fort Lauderdale, Aventura, and Miami. Brightline offers garage parking, free WiFi, and in-station bars and snacks.
- Tri-Rail – Tri-Rail commuter rail service is operated by the South Florida Regional Transport Authority (SFRTA). Tri-Rail has 19 stations along the Southeast Florida coast, including a station in West Palm Beach. Tri-Rail also serves Palm Beach International Airport, Fort Lauderdale-Hollywood International Airport, and Miami International Airport.
- Florida East Coast (FEC) Railway Corridor – The FEC Corridor is a freight railway corridor that runs through Palm Beach County.
- CSX Railway Corridor – CSX is a railway corridor of which a section is owned by the Florida Department of Transportation for Tri-Rail commuter trains.
- South Central Florida Express (SCFE) Railway – This railway runs in western Palm Beach County and is owned and operated by U.S. Sugar.
- Experienced train accident lawyer in West Palm Beach can help handle the complexities of filing claims and securing compensation for victims.
How Long Do I Have to File a Lawsuit After a Train Accident in Florida?
Under Florida’s personal injury statute of limitations, victims of train accidents typically have two years from the accident date to file their personal injury claims against the at-fault party for their negligent behavior. Understanding the legal process and deadlines involved in these claims is crucial. Failure to file your lawsuit within this period may result in the courts barring you from recovering compensation for your injuries. An experienced train accident attorney in West Palm Beach can assist you with filing your lawsuit.
Contact a West Palm Beach Train Accident Attorney
If you are injured in a railroad accident in West Palm Beach, Florida, contact Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. at (561) 689-8180 for a free consultation. Railroad accidents are serious incidents that can result in significant injuries and complex legal claims. One of our experienced train accident attorneys will review your case. Contact our law firm for more information and get the compensation you deserve. With our skills and experience, we can explain your legal options for seeking compensation.
