If you have suffered injuries in a train accident in Florida, you can usually sue anyone whose carelessness caused or contributed to the train accident and your injuries. Your losses can include things like medical bills, lost wages, pain and suffering, and other damages.
Parties Who Can Be Liable in a Train Accident
The potentially liable parties will depend on the facts of your case, as every train accident is unique. Here are a few examples of people who can get sued after a train accident:
- Train engineer (the person driving the train). Carelessness can include things like consuming alcohol or prescription drugs, drowsiness, the distracted operation of the train (such as texting or talking to someone) speeding, inattentiveness, or inadequate training and experience.
- Train company, for negligent hiring or supervision, failing to maintain trains, tracks, or crossings, or the inadequate training of employees. Be aware that government agencies own or operate many train companies. The rules are different when suing the government, but we have experience in these cases.
- Manufacturer of the train, tracks, or crossing, if the flawed condition of these caused or contributed to the accident.
- Anyone else whose negligence caused or contributed to the accident.
What We Have to Prove Liability in a Train Accident
We have to prove all three of these elements to hold someone responsible for your injuries:
- The party must have had a legal duty towards you. For example, the train company has a duty to hire appropriate people to drive the trains.
- Breach of the duty of care. It is negligence to violate a legal duty of care. Let’s say that the train company hired an engineer to drive the trains, even though the engineer had a history of several crashes linked to alcohol impairment. The train company was negligent for failing in its duty to hire appropriate people to drive the trains.
- The negligence must be the thing that caused the wreck and your injuries. For example, if the engineer was drunk and that impairment caused him to take a sharp curve too fast and crash the train, he was negligent, and the train company was also negligent for hiring him. Both parties are liable for your losses.
Damages After a Train Accident
Train accidents are personal injury cases so that you can go after the same kinds of damages as any other personal injury victim. The amount of compensation you will collect will depend on the facts of your case, and every case is different. Here are some examples of the types of losses for which you can pursue money damages after a train accident:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of companionship and loss of consortium
Getting Legal Help After a Train Accident in Florida
At the Montero Law Center, we help people who have suffered injury because of the carelessness of others. If you or a loved one got hurt in a train accident, call us today at 954-767-6500 to get a free consultation.
We handle personal injury cases on a contingent fee basis, which means that you do not have to pay upfront legal fees. We only get paid when you get compensation.