phillips, hunt, walker & hanna Railroad or Train Accidents Lawyer in Jacksonville
Railroad accidents are more common than most people think. The Federal Employers’ Liability Act (FELA) protects and compensates railroad workers and their families for both personal injury and wrongful death claims resulting from railroad-related accidents. According to the National Safety Council, railroad deaths totaled 954 in 2022, an 11% increase from the 2021 revised total of 859 and the highest since 2007. Nonfatal injuries totaled 6,252, a 6% increase from the 2021 revised total of 5,882.
top rated Attorney Florida’s Law on Railroad or Train Accidents
Florida, like many states, has laws and regulations that govern railroad or train accidents. These laws are designed to promote safety, allocate liability, and provide remedies for those who have been injured in such accidents. Here are key aspects of Florida’s law on railroad and train accidents:
1. Federal Regulation: The primary regulatory authority for railroads in the United States is the Federal Railroad Administration (FRA). The FRA establishes and enforces safety regulations for railroads operating within the country, including those in Florida.
2. Negligence Claims: In cases of train accidents involving injuries or damages, negligence is often a central issue. Individuals injured in train accidents may file negligence claims against parties whose actions or omissions contributed to the accident. This could include claims against the railroad company, train operators, or other parties involved in the operation of the train.
3. Common Causes of Train Accidents: Train accidents can occur for various reasons, including:
- Derailments: When a train leaves the tracks due to track defects, equipment malfunctions, or operator errors.
- Collisions: Train collisions with other trains, vehicles at railroad crossings, or pedestrians.
- Mechanical Failures: Failures in train equipment, such as brakes or signals.
- Human Error: Operator error, fatigue, or impairment that leads to accidents.
4. Liability Issues: Liability in train accidents may be attributed to:
- Railroad Companies: Railroad companies have a duty to maintain safe tracks, equipment, and operations. Negligence on the part of a railroad company can lead to liability for accidents.
- Operators: Train operators are responsible for operating the train safely and adhering to safety protocols. Operator negligence can result in liability.
- Manufacturers: If a train accident is caused by a defect in train equipment, the manufacturer of that equipment may be held liable under product liability laws.
- Other Parties: Liability may also extend to third parties, such as maintenance contractors, if their actions or negligence contributed to the accident.
5. Statute of Limitations: Florida has a statute of limitations that sets a time limit within which a personal injury lawsuit related to a train accident must be filed. The specific timeframe may vary depending on the circumstances but is typically within 2 – 4 years from the date of the accident.
6. Legal Representation: In train accident cases, it’s crucial for injured individuals to seek legal representation. Experienced personal injury attorneys can assess the merits of the case, gather evidence, and advocate for the injured party’s rights to seek compensation for injuries, medical expenses, pain and suffering, and other damages.
7. Railroad Crossings: Railroad crossings are a common site for accidents. Florida law requires the proper signage, signals, and barriers at railroad crossings to enhance safety for motorists and pedestrians.
8. Investigations: Train accidents are subject to investigation by various agencies, including law enforcement and the National Transportation Safety Board (NTSB). These investigations aim to determine the cause of the accident and any contributing factors.
In summary, Florida’s law on railroad or train accidents involves federal regulations and state-level legal principles related to negligence, liability, and safety. These laws aim to ensure that railroad companies and other parties involved in train operations adhere to safety standards and are held accountable for accidents that result in injuries or damages. Consulting with an experienced attorney is essential for individuals seeking compensation and justice following a train accident in Florida.
phillips & hunt Results
$495+ Million Verdict
Phillips obtained one of the largest verdicts in American history of over $495+ Million dollars in the shooting death of Kalil McCoy. Her killer was also convicted in the criminal courts.Details
Jordan Davis: Wrongful Death
Represented the family of Jordan Davis and assisted with criminal prosecution of Jordan's killer, handled media relations of internationally reported case and obtained confidential maximum available civil settlement.Details
Confidential settlement of over 120 cases against a pediatric dentist who was also prosecuted. We also assisted with shutting his dental practice down. He no longer practices dentistry and was arrested.Details
We received a record $2.6 Million Jury Verdict against Volusia County. It was one of the highest ever against Volusia County. Our trial was televised on Good Morning America and reported nationally.Details
RSD / CRPS Verdict
Obtained jury verdict in Jacksonville, Florida of over $900,000 and added attorneys fees of over $250,000 on a case State Farm only offered approximately $30,000 for years.Details
$1.1 Million Verdict Against Coca-Cola
We obtained an over $1 million jury verdict against Coca-Cola in moderate impact soft tissue damages case in Gainesville, Florida. Coca-Cola failed to even offer medical bills before trial.Details
Brain Injury Medical Malpractice
Phillips obtained a confidential settlement against a chiropractor who provided prescription pain medication to a boxer in advance of an Olympic qualifying fight. She sustained a brain injury due to secondary impact syndrome.Details
$1 Million Settlement
Client's child was tragically run over and killed by a motor vehicle in her driveway. Phillips and his team settled the case for over $1 Million without the need of filing a lawsuit.Details
Over $1 Million Settlement
Cliente recibió más de $ 1 millón en accidente automovilístico. También ayudamos a clientes que hablan español. We handle cases in English, Spanish and Creole.Details
We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally. John represents clients in Florida, Georgia and Alabama with passion and compassion. He can be emailed at email@example.com or call us at (904) 444-4444.
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