For covered employees of interstate railroads, there is no state workers’ compensation — instead, the Federal Employers’ Liability Act (FELA) lets them sue their employer for negligence, with a causation standard far friendlier than an ordinary lawsuit. For everyone else — drivers, passengers, and pedestrians hurt in Miami rail incidents — liability runs through crossing-safety law and Florida negligence rules. Silva & Silva handles railroad worker, crossing, passenger, pedestrian, and bicyclist injury claims across Miami-Dade County.

Railroad Accident Lawyers

in Miami, FL

Railroad Accident Attorneys
Serving Miami, FL

When a railroad accident causes catastrophic injury or death, you need attorneys who understand the unique legal frameworks that govern these claims — including the Federal Employers’ Liability Act for railroad workers and the federal and state remedies available to passengers and third parties. Silva & Silva represents railroad accident victims and their families throughout Miami-Dade County and South Florida, combining railroad safety experts, accident reconstruction specialists, and decades of complex litigation experience to build the strongest possible case on your behalf. Our attorneys understand FELA standards, federal railroad safety regulations, and Florida’s tort remedies. If a railroad accident injured you or someone you love, call us today for a free, confidential case review. Whether a Brightline accident, Metrorail incident, Tri-Rail collision, or freight railroad crossing accident in Miami caused serious harm, Silva & Silva is ready to help.

FELA railroad worker injury claims
Train derailment & collision accidents
Grade crossing & car-train collision claims
Amtrak & commuter rail passenger injuries
Conductor, engineer & crew negligence
Defective railroad equipment & track failures
Railroad chemical spill & toxic exposure claims
Pedestrian & bicyclist railroad accident injuries

Immediate Case Evaluation

Railroads may begin investigating quickly after a Miami crossing accident. An attorney can send preservation demands for event recorder data, signal logs, and crossing maintenance records before key data is lost, overwritten, or becomes harder to obtain.

Which Laws Govern a Railroad Accident Case in Miami?

It depends on who was hurt. Covered railroad EMPLOYEES of interstate carriers sue under FELA (45 U.S.C. § 51 and following) — not workers’ compensation — and need only prove the railroad’s negligence played some part, however small, in the injury; under FELA’s comparative-negligence rule the worker’s own fault reduces damages but does not bar the claim. Crossing and pedestrian cases confront federal preemption under the Federal Railroad Safety Act: where federally funded warning devices were installed, some state-law claims are preempted, so these cases demand forensic work on crossing funding history and maintenance failures. Passenger claims vary by operator — a common carrier owes its passengers the highest degree of care under Florida law, but claims against public commuter agencies face sovereign-immunity caps — $200,000 per person and $300,000 per incident — and presuit notice under section 768.28, Florida Statutes. Rail claims arising in Miami are generally filed in the Eleventh Judicial Circuit when properly venued in Miami-Dade County — or in federal court when there is an independent basis for federal jurisdiction. Circuit civil cases (over $50,000) with Miami-Dade County venue are heard at the Osvaldo N. Soto Miami-Dade Justice Center at 20 N.W. 1st Avenue, Miami, FL 33128, in downtown Miami, and claims that qualify for federal jurisdiction may proceed in the Southern District of Florida, Miami Division.

How Long Do You Have to File a Railroad Injury Claim?

FELA claims carry a three-year federal statute of limitations (45 U.S.C. § 56). Florida negligence claims from crossing and pedestrian accidents generally run two years for causes accruing after March 24, 2023 (section 95.11(5)(a), Florida Statutes). Claims against public rail agencies add strict presuit notice requirements. Three different clocks, all shorter than they feel — and important railroad evidence can be time-sensitive, so prompt preservation demands matter.

What Should You Do After a Train Accident in Miami?

Get medical care first. The most serious injuries in Miami are generally routed to a Level I trauma center — the Ryder Trauma Center at Jackson Memorial Hospital or HCA Florida Kendall Hospital. Preserve what you can: photos of the crossing, signals, gates, sight lines, and vehicle damage; names of witnesses; and any video from nearby businesses or dashcams. Railroad workers should report the injury per company procedure but avoid recorded claims-department interviews before speaking with counsel — FELA rights are easy to compromise early. Silva & Silva offers free consultations in English and Spanish, and an early preservation demand to the railroad can help protect event recorder and signal data.

Railroad cases depend on prompt investigation and preserved evidence. If a train accident injured you or a loved one in Miami, call Silva & Silva now at 305-445-0011 — free consultation, no fees unless we recover.

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