Florida Brightline Train Accident Lawyer

Brightline trains currently operate throughout South Florida with stops in Miami, Aventura, Ft. Lauderdale, Boca Raton, and West Palm Beach. In September 2023, the train also began operations to Orlando, Florida. Despite the welcomed expansion of public transportation in South Florida, Brightline’s presence has regrettably led to numerous tragic and fatal accidents.

If you or a loved one has been affected by the tragic consequences of a Brightline train accident, we understand the pain, confusion, and uncertainty you may be facing. At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we specialize in representing individuals and families who have endured the devastating aftermath of tragic accidents. Contact us at 305-638-4143 or complete our online form for a free consultation.

About Brightline

Since its introduction in 2017, Brightline has left a trail of tragedy across Miami-Dade, Broward, and Palm Beach counties, including over 88 deaths. The Associated Press named Brightline the deadliest train per mile in America. Over the past two years alone, more than 30 lives have been lost in collisions involving Brightline trains, with a significant majority of these accidents involving pedestrians navigating the train tracks. 

In response to these alarming statistics, Brightline announced a $45 million federally funded initiative in August 2023. This ambitious project includes the creation of “no less than 33 miles of pedestrian safeguarding features and supplementary safety measures.” Brightline is also planning to enhance its rail infrastructure with protective fencing, improved safety signage, and raised pavement markers, among other crucial enhancements that will span from Brevard to Miami-Dade counties.

Common Train Accidents in Florida

While trains are generally considered a safe mode of travel, accidents do happen, and the consequences can be devastating. Brightline accidents may include:

Motor Vehicle Collisions: These accidents occur when a train collides with a motor vehicle at a railway crossing. They can involve cars, trucks, or motorcycles.

Pedestrian Accidents: These accidents typically involve pedestrians crossing railroad tracks. They may occur as a result of negligence, such as failure to maintain warning signals or barriers.

Slip and Falls: Passengers and railroad workers can suffer slip and fall accidents on trains or at train stations. Wet floors, uneven platforms, and inadequate safety measures can contribute to these incidents.

Mechanical Failures: Trains rely on complex mechanical systems. Malfunctions or failures in these systems can lead to accidents, such as brake failures or engine fires.

Track Defects: Poorly maintained or damaged tracks can cause accidents. This includes issues like misalignment, track buckling, or broken rails.

It’s important to note that train accidents can have severe consequences, including injuries, fatalities, environmental damage, and property damage. Prevention and safety measures are crucial to mitigating the risks associated with train travel and railway operations.

What Makes Brightline Accidents Different?

Brightline operates at high speeds, traveling through some “private” railroad crossings along its route. These private railroad crossings lack typical safety features such as flashing lights, gated arms, bells, or other signals that clearly indicate the train’s approach. Some of these crossings only have stationary signs that remain unchanged, whether a train is approaching or not. This absence of clear visual cues may lead to a lack of awareness regarding an approaching train, especially given its high speed. This leaves people with limited time to react once they notice it.

Brightline Accident Liability

Railroad providers, including Brightline, are legally mandated to adhere to the stringent regulations set forth by the Department of Transportation and the Federal Railroad Administration. These regulations are in place to ensure the safety of passengers and the public while traveling by train. If a rail company, such as Brightline, neglects its duty to provide this essential care and safety, whether through its actions or negligence, and this results in personal injuries, legal liability can arise. In such cases, the responsible rail company may be required to shoulder the financial burden of covering all expenses related to injuries resulting from a Brightline train accident, including medical bills, rehabilitation costs, lost wages, and other associated expenses. 

In this case the jury would be asked if Brightline acted reasonably in operating in Florida, including warning motorists and pedestrians of the oncoming train and operating train at such a high speed. Undoubtedly, a significant percentage of people who died from Brightline accidents may have been negligent themselves or sadly intentionally took their own lives. However, this does not mean that all people killed by Brightline were responsible for their own death. 

Who Can Be Held Liable in a Florida Train Accident?

Determining liability in a Brightline train accident is often more complex than in typical personal injury cases. These accidents may involve several potentially responsible parties, including:

• Brightline and its Operators: For failing to install adequate safety measures at crossings, operating trains at high speeds in pedestrian-heavy areas, or improperly maintaining the train or tracks.
• Contracted Maintenance Companies: If poor maintenance contributed to a derailment, track issue, or onboard malfunction.
• Train Equipment Manufacturers: If a mechanical failure, such as faulty brakes or electrical systems, contributed to the incident.
• Municipal or State Entities: In some cases, cities or counties responsible for roadway or signal maintenance near crossings may share liability.
• Property Owners Near Crossings: In rare instances, property owners who obstruct sight lines or access points may also be found negligent.

Each case requires a thorough investigation of maintenance records, surveillance footage, accident reports, and more to determine exactly who should be held accountable. At Flanagan & Bodenheimer, our attorneys collaborate with engineers, safety experts, and accident reconstruction specialists to identify all liable parties and build a compelling case for compensation.

How a Miami, Florida Train Accident Attorney Can Help

If you or a loved one has been injured in a Brightline train accident, or if you’ve lost a family member due to such an incident, it’s important to explore your legal options. A reputable train accident lawyer can help you seek justice by:

• Investigating the accident to determine liability.
• Pursuing a personal injury or wrongful death claim against responsible parties, such as the train operator or maintenance companies.
• Seeking compensation for medical bills, lost wages, pain and suffering, and other damages.
• Advocating for your rights in negotiations with insurance companies or in court, if necessary.

What Damages Can You Recover From a Train Accident?

Dealing with personal injuries can be financially draining and emotionally challenging. However, when a train carrier, such as Brightline, is held liable for these injuries, seeking compensation becomes a viable option. You may be eligible for compensation covering:

• Lost wages
• Reduced future earning potential
• Partial or permanent disabilities
• Medical bills
• Rehabilitation costs
• Physical pain and suffering
• Mental anguish
• Expenses related to scarring or disfigurement
• Funeral expenses for wrongful death incidents
• Any other outlays directly stemming from the train accident.

Statute of Limitations for Train Accident Claims in Florida

If you or a loved one has been injured in a Brightline train accident, understanding Florida’s statute of limitations is critical. Under Florida law, as of March 2023, victims of personal injury typically have two years from the date of the accident to file a lawsuit. This shortened window also applies to wrongful death claims stemming from fatal train accidents. If you do not file your lawsuit within this period, your right to pursue compensation may be permanently barred.

However, cases involving a public entity, government agency, or claims requiring pre-suit notice may have additional notice requirements or shorter deadlines. Furthermore, because Brightline’s operations involve private railroad crossings and a unique set of legal issues—including federal preemption arguments and railway-specific regulations—it’s important to consult an experienced Florida train accident attorney as soon as possible. Our legal team can ensure all necessary deadlines are met while you focus on recovery.

Frequently Asked Questions

What should I do if I’m injured in a Brightline train accident in Florida?

Seek immediate medical attention, report the incident to authorities, document the scene with photos or videos if possible, and contact a personal injury attorney experienced in train accidents to preserve evidence and protect your rights.

Can I file a claim if my loved one was killed in a Brightline train accident?

Yes. If a loved one’s death resulted from negligence by Brightline or another party, you may have grounds to file a wrongful death lawsuit under Florida law. The personal representative of the estate must file the claim on behalf of eligible survivors.

Who can be held liable in a Brightline train accident?

Potentially liable parties include Brightline, third-party maintenance contractors, engineers, equipment manufacturers, or government agencies responsible for track safety and crossing signals.

What types of compensation can I recover after a train accident?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, reduced earning capacity, emotional distress, and funeral or burial costs in wrongful death cases.

What happens if the injured person was partially at fault?

Under Florida’s modified comparative negligence rule, you may still recover damages if you were less than 51% at fault, though your compensation will be reduced in proportion to your percentage of fault.

How much does it cost to hire your firm for a Brightline injury or wrongful death case?

We work on a contingency fee basis—you pay nothing unless we win. Our firm also covers the upfront costs of investigating and litigating your case so you can focus on healing.

Contact Our Brightline Accident & Wrongful Death Attorneys

If you or a loved one has been involved in a Brightline train accident, you don’t have to face this challenging journey alone. When you find yourself confronted with the aftermath of a serious injury or wrongful death, time is of the essence. Contact our experienced Brightline accident and wrongful death attorneys today for a free consultation. We are ready to listen to your story, answer your questions, and provide you with the legal guidance you need during this challenging time.

Our main offices are conveniently located in Miami, FL and Hollywood, FL.  Our firm accepts clients throughout the entire state, including Miami, Aventura, North Miami Beach, Hollywood, Fort Lauderdale, Pompano Beach, Boca Raton, West Palm Beach, Kissimmee, and Orlando.

Call 305-638-4143 or complete our online form for a free consultation in English or Spanish. Our dedicated legal team is available 24/7.