In Florida and other states, personal injuries and wrongful deaths continue to take place in and near railroad crossings and railroad tracks. This cases are much more complicated that a typical automobile accident and require the attention of experts trained in the field of railroad safety, equipment and regulations. It is far too simple for a person to say that drivers of passenger vehicles should stay off the tracks and away from freight trains or passenger trains.
When there is a railroad or train accident, legal questions and issues arise. Among them include the following:
What are my rights as an injury victim or family member of an injury victim involved in a railroad accident or incident?
What are the duties and responsibilities of the railroad?
Who controls the railroad crossing or intersection?
What safety precautions were in place? What safety precautions could have been in place?
Finally, was the incident avoidable?
Railroad companies benefit from the commerce and profit of conducting business over Florida’s railways as well as railways in other States. While there are business benefits, there are also business and legal responsibilities to the public in general. The duties of the railroad will depend on the location of the crossing, history of accidents occurring at or near the crossing, terrain in and around the railroad crossing, availability of safety precautions including cross gates and lights, and finally the applicability of local, state, and federal railroad laws and safety regulations. Contact a Florida railroad personal injury lawyer to get guidance on these and other issues if you have questions about personal injuries or deaths occurring on or near a railroad crossing.