Hit by a Train in South Florida — Here's What to Do

South Florida is unusually train-dense. Brightline runs high-speed passenger service from Miami through Aventura, Boca Raton, West Palm Beach, and on to Orlando. Tri-Rail commuter trains run through Broward and Palm Beach. The Florida East Coast Railway (FEC) and CSX freight lines cut through dozens of Miami-Dade and Broward neighborhoods. Brightline alone has had one of the highest pedestrian-fatality rates of any U.S. passenger railroad. If you or a loved one has been struck by a train — whether as a pedestrian, a motorist at a grade crossing, a passenger, or a railroad worker — train injury cases are technically demanding and require fast action.

Train Cases Are Different

Train injury cases involve a layered set of legal rules that do not apply to ordinary motor vehicle crashes:

• Federal preemption. Many state-law negligence theories against railroads are preempted by federal regulation under the Federal Railroad Safety Act. Claims that survive preemption typically involve grade-crossing safety, train operation in violation of federal speed limits, defective equipment, and railroad property maintenance.
• Federal Employers Liability Act (FELA). Railroad workers injured on the job sue under FELA, not workers' compensation. FELA provides full tort damages but requires proof of railroad negligence (often only slight negligence is enough).
• Locomotive Inspection Act and related federal statutes governing train equipment.
• 23 U.S.C. § 409 protections for certain federally-funded grade-crossing studies and reports — making some evidence inadmissible.

Common South Florida Train Injury Scenarios

• Grade-crossing collisions with passenger and freight trains
• Pedestrian strikes — by far the most common Brightline injury scenario
• Trespasser injuries on railroad rights-of-way
• Passenger injuries from sudden stops, derailments, or onboard incidents on Brightline or Tri-Rail
• Worker injuries in railroad operations and maintenance
• Crashes at malfunctioning crossings where signals or gates failed to activate
• Crashes at inadequately-protected crossings with no gates, only signals, or signals obstructed by foliage

Brightline Specifics

Brightline operates passenger service between Miami and Orlando at speeds up to 125 mph in some segments. The high speed combined with frequent at-grade crossings in densely-populated South Florida cities has produced an extraordinary number of fatal pedestrian strikes since service began. Investigations of these cases routinely involve questions of crossing-gate timing, sight-line obstructions, audible warning compliance, and adequate fencing along the right-of-way.

What to Do

• Get medical care immediately
• Make sure law enforcement and the National Transportation Safety Board (in serious cases) are notified
• Photograph the scene before the railroad does its own investigation
• Identify witnesses
• Do not give a recorded statement to the railroad's claims representative
• Contact a personal injury lawyer experienced in railroad cases as quickly as possible

Railroads conduct their own internal investigations within hours of any serious incident — often before the injured party can document the scene independently. Speed matters.

If you or a loved one has been struck by a train anywhere in South Florida, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.