What Everyone Should Know About Train Accidents in Florida

Oct 8, 2020 - Personal Injury

Countless individuals throughout the state of Florida depend on mass transit, including trains, to get them from place to place. Though mass transit accidents do not occur as frequently as other accidents, they still happen, and if you have been injured in a train accident, our firm is here to help. Please continue reading and speak with our experienced Florida personal injury attorneys to learn more about train accidents and what we can do for you. Here are some of the questions you may have:

What are the most common causes of train accidents?

Train accidents can happen for several different reasons, however, unsurprisingly, they are generally the result of negligence, either on the part of the train operator, train staff, or even train maintenance crews. That being said, the causes of train accidents that our firm most frequently sees are as follows:

  • Railroad employees working while under the influence of drugs or alcohol
  • Failing to secure or release hand brakes
  • Excessive speeds
  • Derailments
  • Unsafe railroad crossings
  • Stalled cars on the track
  • Railroad employees falling asleep or otherwise failing to comply with orders
  • Mechanical failures
  • Crew members receiving improper instructions
  • Misaligned tracks
  • Unfastened or defective screws and bolts in railroad tracks
  • Improper alignment of railroad switches
  • Negligent or inattentive train operators

If you are injured in a train accident, you should do the following to document the incident and ensure you maximize your chances of winning a future personal injury claim:

  1. Call the police. 
  2. If you were injured in a train accident, there are most likely multiple witnesses–ask them for their contact information. 
  3. Take pictures of the scene of the accident and any injuries caused by the accident. 
  4. Receive immediate medical treatment. 
  5. Retain the services of an experienced Jacksonville personal injury attorney who can work to uncover all additional information needed to prove your personal injury claim. 

What is a Notice of Claim?

If you are someone who has been injured in a train accident, you must ensure that you file your claim in a timely fashion. While the statute of limitations for personal injury claims in Florida is, in most cases, four years, this is not so when it comes to filing a lawsuit for an injury that occurred on property owned by a municipality. Instead, if you were injured on a state-owned train in an accident, you will have to file a Notice of Claim within three years of the date of your accident. You will then have to wait 180 days to file your lawsuit. If you do not follow this procedure, you will most likely be barred from suing. We are ready to help you today–all you have to do is pick up the phone and give us a call. 

Contact our experienced Florida firm

Ansbacher Law is composed of knowledgeable attorneys who are ready to assist clients with various legal matters throughout North Florida. We understand the urgency of your personal injury claim and additional legal matters, which is why we provide each of our clients with compassionate and efficient legal assistance, every step of the way. Please contact our office for an initial consultation today.

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