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.

The Federal Regulatory Framework

Railroads in the United States are pervasively regulated under federal law. Several bodies of federal regulation are particularly relevant to South Florida train injury cases:

• 49 CFR Part 213 — Track Safety Standards. Track defects (gauge, alignment, surface, fastener integrity) are classified by track class and dictate maximum allowable speeds. Track that fails inspection should not be operated at the higher speeds the class would otherwise authorize.
• 49 CFR Part 229 — Locomotive Safety Standards. These rules govern brakes, horns, headlights, event recorders, and other locomotive equipment. A defect that contributes to a collision can support a negligence-per-se theory under FELA or, for non-employee claimants, traditional negligence with the regulation as the standard of care.
• 49 CFR Part 222 — Use of Locomotive Horns at Public Highway-Rail Grade Crossings. Trains must sound the horn in a prescribed pattern beginning a quarter mile before public crossings, with limited exceptions for designated quiet zones.
• 49 CFR Part 234 — Grade Crossing Signal System Safety. Active warning devices (gates, lights, bells) must meet specific maintenance, testing, and reporting standards.
• 23 U.S.C. § 409. This federal statute protects certain federally-funded grade-crossing safety reports, surveys, and data from being used as evidence. Counsel must understand what evidence falls inside § 409's protection and what does not.

Federal Preemption — What It Does and Does Not Bar

The Federal Railroad Safety Act preempts many state-law negligence theories against railroads, but the doctrine is narrower than the railroads often argue. Common preemption issues:

• Excessive speed. A claim that a train exceeded the federally-prescribed maximum speed for the track class is generally not preempted. A claim that the federally-compliant speed was itself unsafe is preempted under CSX Transportation, Inc. v. Easterwood.
• Grade-crossing warning devices. Whether installation or upgrade claims are preempted depends on whether federal funds were used to install the existing devices.
• Right-of-way maintenance. Vegetation, sight lines, and fencing claims often survive preemption.
• Negligent train operation. Failure to keep a proper lookout, failure to sound the horn correctly, and failure to apply emergency brakes are generally not preempted.

The First Hours After a Train Incident

1. Get medical care immediately. Train strikes produce severe trauma — multi-system injuries, traumatic amputations, traumatic brain injuries.
2. Make sure law enforcement is notified and a Florida Traffic Crash Report or incident report is generated.
3. Photograph the scene before the railroad's own investigators arrive — crossing geometry, sight-line obstructions, gate position, signal status, the train itself, and any visible damage.
4. Note the train identification — locomotive number, operating railroad, direction of travel.
5. Identify witnesses — including any passengers, motorists at adjacent crossings, and pedestrians who saw the incident.
6. Do not give a recorded statement to railroad claims agents — they will appear on the scene quickly, sometimes within hours, offering "assistance" and asking questions designed to lock in answers favorable to the railroad.
7. Contact counsel quickly. The railroad will begin its own investigation immediately, retain its experts, and download the event recorder. Counsel must move at the same speed to preserve evidence and dispatch independent investigators.

Evidence to Preserve

• Locomotive event recorder data — the train's "black box," capturing speed, throttle, brake application, horn, and bell operation, and other parameters. Under 49 CFR § 229.135, recorder data must be preserved when an accident occurs.
• Forward-facing inward and outward locomotive video — newer locomotives have multiple cameras.
• Dispatch and signal records — communications between the train crew, the dispatcher, and signal maintainers.
• Grade-crossing signal records — maintenance, testing, and any reported malfunctions.
• Track maintenance and inspection records for the segment.
• Crew records — qualifications, training, hours of service, prior incidents.
• Toxicology results — federal rules require post-accident drug and alcohol testing in qualifying incidents.
• NTSB and FRA reports if a federal investigation is opened.

FELA Claims for Railroad Workers

Railroad employees injured on the job do not have access to ordinary workers' compensation. Instead, they bring claims under the Federal Employers Liability Act (FELA), 45 U.S.C. § 51 et seq. FELA requires proof of negligence by the railroad — but the standard of "in whole or in part" causation is significantly more plaintiff-friendly than ordinary tort causation. Damages under FELA are full tort damages, including pain and suffering and lost earning capacity. The statute of limitations is three years. FELA cases routinely involve injuries from cumulative trauma, switching operations, defective equipment, and exposure to hazardous materials.

Brightline, Tri-Rail, FEC, and CSX

South Florida has an unusual concentration of rail operators. Brightline runs higher-speed passenger service through downtown Miami, Aventura, Hollywood, Fort Lauderdale, Boca Raton, and on to Orlando, sharing track with FEC freight in some segments. Tri-Rail operates commuter service between Miami-Dade and Palm Beach Counties on the CSX South Florida Subdivision. FEC operates freight service on its own corridor along the east coast. CSX operates freight on multiple South Florida subdivisions. Each operator has its own corporate structure, claims-handling process, defense counsel, and crew rules. Identifying the responsible operator (and the track owner, which may be different) is one of the first steps in any case.

Comparative Fault and Trespasser Issues

Florida applies modified comparative negligence under § 768.81 — if the plaintiff is more than 50% at fault, recovery is barred. In train cases, the railroad will almost always argue that the pedestrian or driver was negligent or trespassing. The legal status of the injured person matters: an invitee or licensee at a public grade crossing is owed ordinary care, while a trespasser on railroad property is generally owed only a duty to refrain from willful or wanton injury. But even trespasser cases can succeed where the railroad knew of frequent trespass at a particular location and failed to take reasonable steps to address the hazard.

Damages Available

• Past and future medical expenses, often including prosthetics, rehabilitation, and lifelong care
• Past and future lost wages and loss of earning capacity
• Future life-care needs
• Pain and suffering, mental anguish, and loss of enjoyment of life
• Disfigurement and scarring
• Loss of consortium for the injured person's spouse
• Wrongful death damages under § 768.16 et seq.
• For FELA claimants: full tort damages under the federal statute

Statute of Limitations

Florida's general negligence statute is two years under § 95.11. FELA claims have a three-year deadline under 45 U.S.C. § 56. Wrongful death claims must be filed within two years of death. Failure to meet these deadlines extinguishes the claim regardless of how strong the underlying evidence is.

Frequently Asked Questions

Should I talk to the railroad's claims representative?

No. Refer all communications to your lawyer.

Will the federal preemption doctrine bar my case?

Not necessarily. Preemption is narrower than the railroad will claim. Many of the most important theories — excessive speed above the federal limit, negligent operation, sight-line obstructions, defective equipment — typically survive preemption.

What if the crossing was a "quiet zone"?

Quiet zones require specific safety measures in place of routine horn use. Whether those measures were in fact maintained and operating becomes part of the case.

What does it cost to hire your firm?

Nothing upfront. We handle train injury cases on a contingency-fee basis and advance all costs of investigation, expert witnesses, and litigation. You owe nothing unless we recover.

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.