Railroad cases are unlike any other injury claim: federal law dominates, the defendants are experienced litigants, and the evidence — event recorders, signal data, crossing maintenance records — is in the railroad’s hands. Whether you were hurt at a Hialeah grade crossing, on board a train, or working the rails, Silva & Silva knows the federal and Florida frameworks these cases turn on. Okeechobee Road (US-27), the Palmetto Expressway (SR 826), and the West 49th Street corridor carry relentless commercial and commuter traffic through Hialeah, one of Florida’s largest cities. The consultation is free, and there are no fees unless we recover.

Railroad Accident Lawyers

in Hialeah, FL

Railroad Accident Attorneys
Serving Hialeah, FL

Brightline’s high-speed passenger rail corridor — running from Miami through Fort Lauderdale, West Palm Beach, and into Central Florida — has introduced a new category of serious railroad accidents across South Florida’s most densely populated corridors. Victims of Brightline accidents, bystanders struck at grade crossings, and passengers injured aboard Brightline trains have claims that require attorneys experienced in federal railroad law, FRA safety regulations, and the specific liability frameworks applicable to high-speed rail. Silva & Silva is prepared to pursue these claims throughout Miami-Dade County and South Florida. Call today for a free case review. Whether a Metrorail, Tri-Rail, or freight railroad accident near Hialeah caused serious harm to you or a family member, 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 Hialeah 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 Hialeah?

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 and presuit notice under section 768.28, Florida Statutes. Rail claims arising in Hialeah 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 filed at the Osvaldo N. Soto Miami-Dade Justice Center in downtown Miami; 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 Hialeah?

Get medical care first. Hialeah has no state-designated Level I or II trauma center of its own — trauma-alert patients are transported outside the city to state-designated trauma centers such as the Ryder Trauma Center at Jackson Memorial 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 Hialeah, call Silva & Silva now at 305-445-0011 — free consultation, no fees unless we recover.

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