Many people think that train accidents always involve catastrophic collisions and derailments, and it’s true that these horrific events do occur. However, there are many people killed and injured every year in incidents that you won’t read about in the Florida news. According to the US Bureau of Transportation Statistics, there are almost 1,900 train accidents in the US every year. For victims, the implications can be tragic. If you were hurt or lost a loved one, you might wonder if there’s any way to recover compensation for your devastating losses.
Fortunately, Florida laws protect your interests in a train accident in a similar fashion as compared to other personal injury claims. You may qualify to receive monetary damages, but there are complications and challenges that affect your rights. For more information on your legal remedies, please contact the Payer Law to set up a free case evaluation with an Orlando train accident attorney. You might also benefit from reviewing some general information about the relevant laws.
Negligence is Behind Most Train Accidents
Injury-causing incidents typically occur because a person or entity was negligent in maintaining, operating, or repairing various components of train travel. When the responsible parties fail in their legal duty to exercise reasonable care, train accidents may be the result of:
- A conductor speeding, disregarding signals, or improper track switching;
- The railway company’s failure to properly hire and train employees;
- Mechanical failure of the locomotive, cars, or track signals;
- Gate and signal defects at railroad crossings;
- Improper maintenance at train stations;
- Issues with cargo, such as excessive weight or improper loading;
- The failure to provide passengers with adequate security, potentially leading to injury-causing criminal acts;
- Violations of federal regulations;
- Dangerous defects in designing or manufacturing the locomotive, cars, rails, and related components; and,
- Many other types of negligent misconduct.
Injury Claims Against Government Entities
At its core, a train accident case involves the principles of personal injury law. However, these claims are different in the sense that the responsible party is often a government entity. Governmental agencies and other bodies enjoy sovereign immunity, which means that you can’t sue them in some situations. Instead, you must follow the claims process established by the government entity. Often, the rules require you to take legal action within a much shorter time frame than that allowed by the Florida statute of limitations.
Our lawyers at the Payer Law will advocate on your behalf throughout the claims process. If the railway company refuses to pay a fair amount during settlement negotiations, we’ll take your case to court to get the compensation you deserve.
Rely on an Orlando Train Accident Attorney for Legal Assistance
Though these claims involve some of the same issues as other personal injury matters, train accidents involve complexities when the potential parties include government entities. Our team at the Payer Law is prepared to take on the legal challenges to get the compensation you deserve, so please contact our Orlando, FL office today. You can call 407-307-2979 or visit our website to set up a free consultation with an experienced lawyer.