Whether you are embarking on the Golden Triangle 20-mile scenic train ride or traveling to catch the Amtrak north, there are risks of accidents for passengers, motorists crossing the tracks, and pedestrians. It may not happen often, but when a train derails, it is always catastrophic because of the sheer size and number of people involved. When the train smashes into a vehicle stuck on the tracks, it is often deadly.
If a railway carrier, its employees, or a manufacturer is negligent while you are a passenger or crossing railroad tracks in your car or on foot, contact us. Negligence occurs when careless or reckless behavior causes an accident, and if you are injured in one, a Mount Dora train accident lawyer is here to get you the most compensation possible.
When a freight train barrels down railroad tracks at 50 mph, the engineer needs one and a half miles to completely stop if they know of a car or person obstructing their path. Passenger trains that derail at that speed generally careen out of control and roll, throwing people aboard. Those who survive can suffer from common catastrophic injuries that include:
These injuries require extensive and expensive medical and rehabilitative treatment. You may not be able to work while you heal, which can destabilize your family’s finances. You should not be strapped with this stress and pain without holding the responsible parties liable to compensate you for what they have caused. Our Mount Dora train accident attorneys have had decades of experience successfully advocating for local families who are not sure where to turn after a devastating accident.
If you are injured in a train accident, who should be named as defendant to compensate you for your losses? The railway company is responsible for its employees, so if they are not trained properly, or are subject to exhausting schedules and make a grave mistake because they are tired, you could look to the employer, although the employee could be held personally accountable for direct acts they perform that injure you.
According to Florida Statutes § 351.03, railroad companies install and maintain crossing gates, signage, and traffic control devices that warn motorists about to cross railroad tracks that a train is approaching. If the equipment malfunctions and the motorist crossing the tracks is broadsided, a negligence suit against the railroad should be brought. Manufacturers whose faulty equipment is installed on a train that crashes in Mount Dora can also be held liable for a train accident. A personal injury lawyer will assess your case and fight to win compensation.
Calculating economic compensation is easy because it involves the money you have and will pay for medical care, and the wages you lose from being unable to work. But more subjective damages should also be paid to you because they are genuine losses, too. These should be carefully explored to determine what they are worth over your lifetime. If you are paralyzed or lose a limb, what is the value of not being the healthy person you were before the accident? What will you lose in future wages?
Although punitive damages, those meant to punish the defendant rather than compensate the plaintiff, are available in civil actions in Florida, they are rare. The plaintiff must prove the defendant acted with gross negligence or deliberately to inflict the injuries. Our Mount Dora train accident attorneys carefully study medical reports and case law awards in similar situations to determine an amount that ensures a comfortable future for you.
Train accidents almost always cause catastrophic injuries, and even death. Survivors should direct their efforts to healing and leave negotiating a settlement with the railroad company and insurer or filing a lawsuit to a competent attorney who will treat you like family and fight tenaciously for you.
You will want to act quickly after an accident, because in Florida, you only have two years from the date of the accident to file a lawsuit after the legislature reduced the timeline from four years. Take the first step now and call the Umansky Law Firm and let a Mount Dora train accident lawyer assess your case.
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