Yes, you may be able to sue if you were injured by the Miami Metrorail, as long as you can show that the Miami Metrorail was negligent, and that negligence caused or contributed to your injuries.
Who do I sue if I was injured by the Miami Metrorail?
Transportation and Public Works for Miami-Dade owns and operates the Miami Metrorail. This makes determining your liable party easy enough, but these claims are more complicated and there are many different laws that can apply. Our train accident lawyers have handled these claims and are not afraid to stand up against the government to get you the compensation you deserve. been successful with these complex cases.
For what kinds of injuries can you sue Metrorail?
While most people only consider train accidents, such as derailments or collisions with other trains or cars, people can also suffer injuries when the train stops or starts improperly, when there are sudden steering changes, or when they slip and fall on train station platforms.
If you suffered any type of serious injury in the train station or on the train itself — that resulted from Metrorail’s negligence — you can likely hold the Metrorail liable.
What do I need to do to hold the Metrorail liable?
To hold Metrorail liable, you must be able to establish negligence. Essentially, negligence just means that Metrorail did or did not do something that led to your injuries.
For example, if your driver caused your injury by speeding, derailing, texting, talking on the phone, or bringing the train to a jerky stop, the driver’s negligent operation of the train would make him liable.
However, because employers are responsible for the actions of their employees, you would hold the Metrorail liable.
What if I was partly at fault for my injuries?
You can still file suit. Florida is a “pure comparative fault” state. Comparative fault means that if you were partly at fault for your injuries, the amount of compensation you receive for your injuries will be reduced proportionally, based upon the amount of your fault.
For example, Maria was rushing to get on the Miami Metrorail before the doors closed. She was also looking at social media on her cell phone, and not paying close attention to where she was walking. As a result, she slipped and fell on the platform, breaking her arm. Her damages were $10,000. She was found to be 60% at fault for failure to watch where she was walking. Her damages will be reduced $6,000 for her negligence of 60%. She will receive $4,000.
Because Florida is a “pure” comparative fault state, she will receive some compensation for her injuries, even though her fault was more than 50%in the accident. If she was injured in a “modified” comparative fault state, there would be a cutoff point, usually 50% or 51%, at which she would get nothing for her damages. Since Maria’s negligence was 60%, she would get $0 in one of those states, but in Florida, she will get $4,000.
If you have been hurt in a train accident, we can help. Call the Montero Law Center today at 954-767-6500 to set up your free consultation.