Light rail systems like Florida’s Brightline are popular forms of public transit, usually convenient and safe. But, there are still dangers. Like any train, there’s a threat of an accident at railway crossings, and when a train collides with a car or truck, there’s a good chance of serious, often fatal, injuries for the driver and their passengers.
If you’ve been involved in a car-train crash, you need a powerful Florida railroad accident lawyer to help stand up against the Brightline company. Filing a suit against a corporation has complications that a car accident between two private individuals does not. At Lytal, Reiter, Smith, Ivey & Fronrath, we have the decades of combined experience and extensive resources to pursue a layered claim against a powerful defendant. Contact us today for a free consultation.
About the Brightline light rail system
The Brightline train system opened in 2017 to improve transit between major cities in Central and South Florida and provide sustainable transportation with a limited environmental impact. The system’s first connection was between West Palm Beach and Miami, and it has since expanded to Orlando, Fort Lauderdale, and Boca Raton.
Plagued by problems
However, the train company has been plagued with problems. Just a few years after opening, the Associated Press reported that Brightline was the deadliest light rail line in the country. While many accidents may be caused by a pedestrian or driver trying to “beat” the train to the crossing, many others result from negligence and poor maintenance of the Brightline train and tracks. Common causes of light rail accidents include equipment malfunction, poor warning signage, derailment, and generally unsafe crossings.
The impact of Brightline’s trains on an accident at a railway crossing
Brightline trains, operating at speeds up to 125 mph, pose significant risks at railway crossings, especially when combined with limited visibility and malfunctioning warning systems. Accidents involving these high-speed trains often result in severe injuries or fatalities, but no train company wants a reputation for being the most dangerous in Florida. That’s why Brightline’s insurers and lawyers do everything in their power to deny or devalue claims – they don’t want media to report on settlements or verdicts, because then the public would know the system isn’t as safe as they claim.
For this and other reasons, you and your attorney need to build a solid, evidence-based claim to secure compensation from the company successfully.
Hurdles to getting compensation in a Brightline injury claim
Another reason that insurance adjusters scrutinize Brightline accident claims is because they’re often high-value. The cost of medical treatment for a train accident injury can easily exceed six figures. If the victim is permanently disabled and unable to live independently or passes away due to the train collision, the claim can go even higher. Insurance companies don’t make money paying out multi-million dollar claims and have many tricks to minimize or deny your valid claim.
Brightline’s lawyers may argue that you, as the driver, were the negligent party. They may claim you should have been aware of the train’s presence and followed proper crossing procedures. Or, they could turn your case around and claim that you were distracted or otherwise negligent and responsible for the crash. You don’t have to fight these accusations alone. You have the right to hire your own train accident attorney to advocate for you.
Complications of filing a car accident claim involving a corporation
Filing a claim against a corporation, like Brightline, can get tricky due to a legal concept called respondeat superior (vicarious liability). This means that a company may be held liable for the actions of an employee. As it relates to the Brightline crash, it means that while the engineer may have directly caused the crash, the company itself (their employer) can also be held liable for the collision because the company is responsible for the actions of their employees if the employee is acting within the scope of their job duties (operating the train).
Essentially, your attorney must prove that the engineer caused the light rail collision and that the Brightline corporation has vicarious liability. Not every personal injury law firm has the resources and legal talent to do so effectively, so be judicious when selecting your advocate.
Have you been hurt in a Brightline accident? Call us today!
The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath have extensive experience litigating claims against corporations in Florida, including train companies. We have a strong track record of success and can help you secure full and fair compensation after a railway crossing accident. We’re committed to protecting your rights. Contact us today at (561) 655-1990 for a free consultation.
