Fort Lauderdale Train Accident Lawyer

You trusted a train to help you complete your commute safely, but someone failed to do their job, and now you are suffering financial losses from physical injuries, property damage, and emotional trauma. The insurance company is not treating you fairly or may not be willing to pay you the compensation you need to recover.

Hiring a train accident attorney in Fort Lauderdale can make the difference. With our decades of experience and proven results, you can trust David I. Fuchs Injury Law Firm with your case. Allow us to become your advocate. Schedule your free consultation today.

“Mr. Fuchs is a hard nosed lawyer who worked tirelessly for his clients and always goes the extra mile to keep in touch and keep you informed of what is going on with your case I highly recommend Mr. Fuchs” — Andy N.

How Can a Train Accident Attorney in Fort Lauderdale Help with My Case?

When you hire our Florida personal injury law firm, you gain an advocate who will help you navigate every component of your claim and case with confidence. Whether you were in a car accident with a train, struck by a train, or fell while a passenger in a derailment or other incident, we will provide you with the resources you need. To support you, we will:

• Investigate your accident to find all available evidence to determine fault in the incident
• Identify all liable parties, including the train operator, third parties, the Federal Railroad Administration, cities, or others at fault
• Create an evidence-based claim that documents all of your losses and file it with the insurance company
• Negotiate with the insurance company for all losses recoverable
• Represent you in court if we cannot obtain a fair settlement out of court

Having a local personal injury attorney by your side who understands what you are facing and will build a comprehensive case that supports your future is crucial during this time. Railroad accidents are nearly always preventable. Let us prove your losses are owed to you under Florida injury law.

Why Choose David I. Fuchs Injury Law Firm?

Attorney David Fuchs has a long history of providing victims with aggressive legal support at their most challenging times. Since 1988, we have served as an advocate for victims, often going up against challenging circumstances. We are never afraid to stand up to big insurance companies or organizations that aim to limit your right to fair compensation.

Testimonials

“I like to say thank you to Jessica for all of her hard  work. I went through three different cases one right after the other and Mr. Fuchs was on top of each one. I learned to be patient because the combination of the three was complicated. I appreciated the office and all the work they did for me and the explanation of each step. I would recommend this law office.” — Linda W.

“Attorney David Fuchs represented me in an accident. David obtained the highest possible settlement in a very short time. His knowledge of Personal Injury Liability cases was outstanding. I strongly recommend using David’s services!” — Michael G.

History of Train Accidents and Fatalities in Fort Lauderdale

A train company has the legal responsibility to ensure it provides a safe service to any person it brings on board. It also maintains the legal expectation of ensuring that its train operators and equipment are safe, mitigating the risk to others on the road. Yet, there is a consistent level of risk in Florida.

Consider that the high-speed trains operating between Miami and Orlando have experienced 127 fatal accidents since they started providing services in 2018.

Notably, 74 people suffered injuries and 41 lost their lives since 2018 from Brightline trains alone. If you suffered an injury or lost your loved one to a train accident in the area, contact a personal injury lawyer right away. Don’t risk your future by settling unfairly with an insurance company.

Common Causes of Train Accidents

Various factors contribute to railroad accidents, and it will be part of our investigation to determine all the causes in your case. Some of the most common reasons train accidents happen in our area include:

• Operator error
• Signal failures
• Track defects
• Mechanical failure
• Negligence by a third party

In addition to this, there are risks associated with both environmental factors, such as weather conditions and wildlife, as well as human-related causes, such as passenger or third-party motorists who cause the incident.

Types of Train Accidents

The following are some of the types of train crashes that may be negligence-related:

• Train derailment
• Collisions with cars, trucks, animals, or other physical structures
• Pedestrian strikes
• Vehicle-train crashes, including at railroad crossings

The type of accident may impact your right to compensation. In order for someone else to be at fault for the incident, you must demonstrate they were negligent, meaning they owed you a duty of care, failed in that duty of care in some way, and that resulted in the injury. If a collision with a car occurred due to a driver running the warning lights, which alerted them to the risk of the train’s approach, it may be challenging to prove the train or railroad company was at fault.

Train Accident Injuries Our Florida Train Accident Attorney Handles

If you were in an accident and suffered any type of serious injury, we encourage you to hire an attorney to guide you through the injury claims process. If you have any of the following injuries, it is critical to seek legal guidance before you settle with the railroad company:

• Traumatic brain injuries
• Spinal injuries leading to loss of mobility
• Fractures, including complex fractures
• Burns
• Long-term neck and back injuries
• Emotional trauma
• Internal injuries
• Disfigurement

Additionally, many people die as a result of these accidents. In such cases, family members may be able to pursue a wrongful death claim. After a fatal train collision, you should consider working with an experienced legal team to pursue compensation and justice for your lost loved one. Wrongful death claims are complex, but we can help you.

What is Considered a Train Accident Injury?

To seek compensation, you must demonstrate that you suffered a physical or emotional injury as a result of the incident. Not all injuries that can be recognized as recoverable damages are visible. Some injuries may be more complex, such as brain injuries that lead to changes in cognitive function, chronic pain resulting from nerve damage, or emotional trauma.

Some people suffer injuries that are not visible, while others suffer delayed-onset injuries. These may qualify for compensation if you can document that the injury is directly due to the incident with the train.

What to Do if You’ve Been Injured in a Train Accident

If you were hurt in an accident related to a train, follow these steps as closely as possible without putting yourself in further danger.

• Call 911 to report the incident to the police and to get medical care on the scene.
• Document what occurred by taking photos and video of the incident, damage, injuries, and other details.
• Get medical attention immediately.
• Do not talk to the insurance company without an attorney representing you.

The sooner you act to contact a lawyer, the easier it is for your lawyer to gather the necessary evidence to build your case and hold those who did this accountable.

What Compensation Can I Recover for After a Train Accident?

Train accident victims can seek financial compensation for any losses they have suffered. Your personal injury case should include any documentable damages you suffered, such as:

• Medical expenses related to your injuries, for any medical bills you can demonstrate
• Lost wages from being unable to work, and loss of earning capacity if you cannot go back to work
• Pain and suffering
• Total or partial disability
• Emotional distress and trauma
• Possible punitive damages if someone acted in an intentional or highly reckless manner

Can I Receive Compensation for a Train Collision as a Tourist in Fort Lauderdale?

If you were hurt in a train accident in Florida, but were traveling from out of state, you may still have the right to pursue compensation for your losses from the at-fault party. To do so, hire an attorney in the state of Florida to represent you throughout the case. Your legal rights are not limited because you live out of state.

Can I Receive Compensation for a Train Collision as a Passenger in Fort Lauderdale?

As a passenger of a train accident, the railway company, train conductors, train operators, and railroad companies owe any passenger on their train a duty of care. If they do anything that puts you at risk that is preventable or reckless, or did not warn you of a critical risk, they may owe you compensation. However, you must prove this to be the case.

What if the Other Party Offers to Settle?

You have the legal right to agree to those terms. However, it is rare for an insurance company to offer a fair settlement outright. Instead, they may try to reduce the amount of compensation paid out in every case.

If you have not taken the time to speak to a personal injury attorney through a free consultation, do that first. Find out if the insurance company is treating you fairly.

The Proof Required to Win a Lawsuit in a Fort Lauderdale Train Accident

To recover damages in an accident, you must prove the four components of negligence:

• Duty of care: The named defendant owed you a duty of care. If you were a passenger on the train, that establishes this.
• Breach of duty of care: The named party did something to violate that duty of care. This may include, for example, breaking the law.
• Causation: The breach of the duty of care was the cause of the accident.
• Losses: You suffered damages as a result of the accident.

The more evidence available to demonstrate this, the better. Your attorney will work to gather data such as the following:

• Photos
• Black box data
• Train station data
• Expert testimony
• Witness statements
• Medical records

Who is Liable for a Train Accident in Florida?

A variety of parties may be liable depending on the circumstances of the accident. Examples include:

• Train companies
• Maintenance crews that fail to do their job
• Train operators
• Train manufacturers
• Other drivers

It is very common for liability to be disputed, and evidence in your case will help to demonstrate what occurred. Additionally, more than one party could be responsible.

How Do I Choose a Train Accident Attorney in Fort Lauderdale?

Select an attorney with experience in train accidents specifically. Consider details such as:

• Years of experience
• Communication style and whether it matches your needs
• Trial experience
• Experience navigating large insurance companies
• Testimonials from previous clients
• Past case outcomes
• Reputation within the community

Fight for the Compensation You Deserve

David I. Fuchs Injury Law Firm offers the legal experience you can count on after a train accident. Our legal team serves the entire Fort Lauderdale area. Call us at 954-568-3636 for a free consultation or fill out our online contact form for the legal guidance you need.