Florida Train Accident FAQs

The steps that you would take after getting into a train accident are similar to those you would take after getting into a car accident.

Seek emergency medical treatment
Contact law enforcement
Follow up on your medical treatment
Contact a Florida train accident lawyer (even if you don't hire one!)
Report the accident to YOUR insurance company
Keep a journal of your recovery
Keep track of missed time at work

What should I do if I get into a train accident in Florida?

What compensation can I get if I am injured in a train accident?

Train accidents are often very serious. Victims of train accidents can have brain injuries, burns, back injuries, neck injuries, and of course there is the risk of death. Like other personal injury claims, the amount of money a victim can recover depends on the extent of the injury and who is liable.

Generally train accidents occur at railroad crossings, although that is not always the case. The accident can be due to faulty train signals, gate malfunctions, and other reasons. However, Florida is a comparative negligence state and a train accident victim can be held liable for their own contributions to the accident. For instance, if the victim was driving across train tracks when they were not supposed to, they may not be able to recover for their injuries.

Is the train operator always liable for a train accident?

What if I am injured while working for the railroad?

If you are a railroad worker, it is possible that the Federal Employers' Liability Act (FELA) applies to your claim. FELA requires rail employers to provide safe environments for their workers. Even if your employer was not negligent, a railroad employee might be able to recover because of a strict liability standard under the Federal Safety Appliance Act (FSAA) or the Boiler Inspection Act (BIA).

Do I even need a train accident attorney?

Not every train accident claim requires the use of an attorney. Claims that involve only personal property damage can probably be settled on your own. However, it doesn't hurt to consult with an attorney. You need to protect yourself in case injuries manifest later. We offer free train accident consultations and we'll help you find the right attorney even if we can't take your case.

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Will it Impact My Case If I Do Not Immediately Seek Treatment?

Florida Train Accident Lawyer

If An Injury Does Not Manifest Until Later, What Are My Options for Filing a Claim?

If you have immediately apparent injuries or injuries that manifest later due to the train accident, then not seeking immediate medical attention will most likely impact your case negatively.

A common occurrence is when a victim of an train accident has seemingly minor injuries and they can feel fine after the accident. Instead of taking the ambulance to the hospital, they get a ride home. Later on, however, the pain manifests. It could be that night, or days later.

Once the adrenaline from the accident wears off and your body starts to feel pain, you might realize you have a claim for auto accident damages in Florida. It is important to seek medical attention as soon as pain manifests if you haven't already been treated.

When seeking medical attention, it is important to tell your doctor that you have been injured in an train accident and that the accident is listed as a cause of the pain. Medical providers and insurance companies use specific coding when treating injuries and train accident victims tend to receive similar types of care.

So if you have sustained a back injury, neck injury, or other type of injury in an train accident, it is important that the physician notes that in your medical records.