Anyone who has been involved in a train accident case, whether specifically related to the Brightline Train or any other rail in the United States, knows that it is a complicated legal situation that requires the support of an experienced and knowledgeable attorney. We have the precise experience you or your family needs in order to navigate a train accident or injury lawsuit because we have successfully handled cases involving catastrophic injuries as a result of the Brightline Train.
Whether you are an injured railroad worker or passenger or someone injured in a train accident, the team at Lipcon, Margulies & Winkleman, P.A. is prepared to help you fight for the money you deserve. While the majority of the cases that Lipcon, Margulies & Winkleman, P.A. handles are maritime, the similarities between FELA (Federal Employees Liability Act) cases and Jones Act cases (also known as The Merchant Marine Act of 1920) are significant.
If you are an injured passenger aboard a train, or a person injured in an automobile or as a pedestrian outside the train, then your lawsuit would generally be a civil negligence case. Conversely, if you are an injured employee working aboard the train, then you generally have what’s known as a FELA case or Federal Employees Liability Act. In most ways, FELA cases are similar, if not identical, to Jones Act cases. We have successfully handled literally thousands of civil negligence and Jones Act/FELA in our more than 50 years of service.
Read more below to get a better idea of how an attorney can help you after a Brightline Train accident, and contact our law firm right away to connect with an award-winning attorney for a free consultation.
Recent Brightline Train Accidents
The Brightline Train is a high-speed rail service connecting major cities in Florida, including Miami, Fort Lauderdale, and West Palm Beach. The train service began operations in January 2018.
Brightline is owned and operated by Brightline Transportation Services, LLC. The company was founded in 2014 by All Aboard Florida, a subsidiary of Fortress Investment Group. Currently, Brightline is the only privately owned and operated passenger rail system in the United States.
The Brightline Train has faced significant controversy since its inception. Some residents and business owners in the areas that the train passes through have voiced concerns about noise and vibration from the trains. There have also been numerous accidents involving the Brightline Train, including a fatal accident in January 2018. Despite these issues, the Brightline Train has seen considerable success since its launch and has plans to expand its service to other parts of the country.
Common Causes of Train Accidents
The accidents involving the Brightline Train have been attributed to a number of causes, including operator error, failure to stop at a crossing, and driver inattention. In response to these accidents, Brightline has made a number of changes to its operations, including increasing the amount of training that operators receive and adding additional safety features to the trains. These updates have led to a safer operation, but there are many risks associated with trains, including the Brightline Railway, that lead to serious or fatal accidents.
Whether or not you see an example of an accident listed below that resembles your accident involving a Brightline Train, we encourage you to contact our award-winning law firm as soon as possible for a free consultation. You can learn more about the type of support we can provide to you in this difficult time of your life.
The train operator is responsible for ensuring that the train is traveling at a safe speed and is on schedule. Following a schedule and avoiding operating the train above safe operating speeds is just one of the many things that a train operator is responsible for. In addition to operating the train and maintaining a line of sight of the upcoming tracks, they must stay informed about any possible issues on the tracks ahead that may require them to slow down or even come to a complete stop.
Trains are massive, and bringing them to a stop takes time and distance, so a train operator must do everything they can to stay informed about possible hazards further down the line so they can take the appropriate actions to ensure there is not an accident.
A train can get derailed for a number of reasons, including brake failure, going too fast around a bend, a wheel slipping off the track, or the train hitting something on the track. When a train derails, it can cause serious damage and injuries to the passengers and crew on board. In addition, a derailed train can block railway lines and disrupt traffic for hours or even days. The situation can be catastrophic or even fatal for passengers on board a train when it derails. These types of accidents are rare, but they can cause significant damage when they happen.
Vehicles Ignoring Crossing Gates
Another serious accident involving a train happens at a railway crossing, typically when drivers try to drive past the crossing gate to beat the oncoming train. When a train collides with a vehicle or pedestrian at a crossing, the results can be disastrous. In the United States, there are about 2,000 train-vehicle collisions each year and about 300 train-pedestrian accidents. These accidents often result in fatalities or serious injuries.
Train crossing accidents can be caused by a number of factors, including driver negligence, failure to obey warning signals, and distracted driving. When drivers do not take the necessary precautions at a train crossing, they can put themselves and others at risk. Trains are large and heavy, and they cannot stop quickly. When a train is traveling at high speeds, it can be difficult for drivers to get out of the way in time.
Who Is At Fault In Brightline Train Accidents?
Determining who is at fault for a train accident is difficult, and each situation is unique. Working with a personal injury attorney is one of the best ways to take a comprehensive and objective approach to determine and then prove fault before you can move forward with your civil case. Many times, more than one party may be at fault for a train accident. For example, the train operator may be at fault for failing to stop in time, and the railroad company may be at fault for failing to maintain the tracks properly.
When it comes to determining fault in a train accident, it is important to consider all of the factors involved. There are many people or organizations who may be responsible for a train accident, and it is not always easy to identify who is at fault. This is why it is important to speak with an experienced personal injury attorney if you have been injured in a train accident.
We encourage you to contact our law firm as soon as possible to speak with one of the award-winning attorneys at Lipcon, Margulies & Winkleman, P.A.
Contact Experienced Brightline Train Accident Lawyers
Our award-winning law firm has been named to “Best Law Firms” ® by US News & World Report since 2016, and we are proud that US News & World Report has also named three of our attorneys as “Best Lawyers” ®. Achievements such as these have earned us the reputation of America’s leading maritime lawyers.
As leading litigation attorneys with extensive working knowledge of the Jones Act and FELA legal instruments, we are uniquely equipped for assisting those injured in train accidents due to the similarities of the Jones Act and FELA. If you or a loved one has been hurt or killed in a Brightline Train accident, we are ready to help you maximize the recovery you deserve