Railroad Accident Lawyers

Which Laws Govern a Railroad Accident Case in Coral Gables?

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 Coral Gables 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 Coral Gables?

Get medical care first. The region’s Level I trauma centers — the Ryder Trauma Center at Jackson Memorial Hospital and HCA Florida Kendall Hospital — handle the area’s most severe injuries. 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 Coral Gables, call Silva & Silva now at 305-445-0011 — free consultation, no fees unless we recover.