Yes, you may be able to sue if you were injured on the Tri-Rail. However, there are quite a few things you must know before you file your claim.
The South Florida Regional Transportation Authority owns the Tri-Rail.
One of the biggest hurdles you will face is the fact that Tri-Rail is owned and operated by the RTA, the South Florida Regional Transportation Authority. In many states, because the RTA is a government agency, this would make suing Tri-Rail impossible; however, per Florida Statute § 768.28, the state and its municipalities have waived their immunity to tort actions.
Still, this does not make suing the government any less complicated.
You must submit a notice that you plan to sue the RTA.
Before you are able to file a claim, you must file a notice within three years of the accident. Once you do so, you must wait another six months for the investigation period to end before you can file a claim.
There are limits on what you can recover.
Per Florida Statute § 768.28, the state will only pay $200,000 for any individual’s claim, $300,000 if multiple states were involved.
Note: Even if you win your case, the state can appeal the decision.
How do I prove RTA is liable for my injuries?
You might be able to recover compensation for any of the following:
- Slip and fall injuries on train platforms
- Trains colliding with other trains
- Trains colliding with vehicles
- Train derailment
- Sudden or rough stops and starts
To do so, you must prove the RTA was negligent and that negligence caused your injuries. Proving negligence requires establishing the following:
Duty of care: The RTA had a duty to you. As a common carrier, the RTA had a duty to do everything it could to keep you safe while in its care.
Breach of duty: The RTA breached that duty by:
- Hiring negligent operators
- Failing to maintain trains
- Failing to maintain stations
- Failing to maintain rails
Causation: After you show that Tri-Rail was negligent, you must link that negligence to your injuries. If Tri-Rail’s negligence was unrelated to your injuries, Tri-Rail will not be liable for your injuries. If, however, you can show the following, you have proved causation:
- The train operator was speeding, which caused the train to jump the tracks at a sharp bend; and
- Your injuries directly resulted from this incident.
Quantifiable or measurable damages: These are also called “real damages” or “physical injuries.” These damages might include medical bills, lost wages, pain and suffering.
If you were injured on the Tri-Rail, you should speak with a Florida train accident attorney right away to protect your claim for damages. The lawyers at the Montero Law Center will handle your claim, and cut through the paperwork of suing a government agency. We will not stop fighting until you get all the compensation you deserve.
Call us today at 954-767-6500 for your free consultation.