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Attorney Sanga Turnbull

Who’s Liable for Injuries in SunRail Train Accidents in FL?

On Behalf of | Nov 9, 2020 | Auto Accident

While thousands of people in the Orange County use the SunRail as a convenient form of transportation to commute to and from work, accidents involving SunRail trains are not unheard of.

Determining liability for a SunRail train accident can be tricky, especially considering that an accident may involve multiple liable parties. If you were injured in a SunRail accident – as a passenger on the train, pedestrian, or a car driver – do not hesitate to speak with an experienced personal injury attorney in Orlando.

SunRail Train Accident in Orange County

A recent SunRail accident in Orange County reminded Floridians of the dangers of train crashes. As reported by the Orlando Sentinel, a SunRail train collided with a passenger car on the railroad in south Orange County. The collision, which took place at Lancaster Road and south Orange Avenue, occurred when a car driver attempted to turn onto Orange Avenue but ended up driving onto train tracks.

Before the collision with the SunRail train, the passenger car got stuck in the tracks. The train was carrying 30 people at the time of the accident, but no one on the train was injured. The car driver was hospitalized with minor injuries.

Causes of Train Accidents in Florida

Accidents involving SunRail and other trains in Florida are caused by many factors. The most common causes of train accidents are:

  • Collisions between a train and motor vehicles
  • Derailments
  • Inadequate warning at railroad crossings
  • Slip or trail and fall accidents at railroad crossings
  • Accidents when stepping on and off trains
  • High voltage cables falling on pedestrians and passengers
  • Slip and fall or trip and fall accidents at train stations or in trains
  • Train defects or mechanical failures in equipment
  • Human errors made by a train operator or railroad workers

Who is Liable for Your Injury in a Train Accident?

It can be difficult to determine liability in most SunRail train accidents because there may be multiple liable parties, not to mention that it may be necessary to use the services of accident reconstruction experts to investigate what caused the accident.

Liable parties may include:

  • The train operator if their negligence or human error resulted in the accident (for example, failing to stop the train in time);
  • Railroad workers for failing to properly inspect or maintain the tracks;
  • Any drivers of vehicles who were involved in the collision; or
  • The Florida Department of Transportation for failing to fix malfunctioning or defective safety and warning systems.

Since Florida follows the doctrine of pure comparative negligence, multiple parties may share liability for the accident. For example, if a driver failed to notice a warning sign at a railroad crossing while the train engineer failed to engage the brakes in time to avoid a collision, both parties may be held partially at fault for the resulting crash.

In Florida, your compensation is reduced by the percentage of your own fault in the accident. If you need assistance with determining liability for your injury in a SunRail train collision in Florida, speak with our Orlando auto accident attorney at The Turnbull Firm. Call at 863-324-3500 for a case evaluation.