Latest Blogs

When one thinks of accidents, one does not automatically think of train accidents, but every year the Federal Railroad Administration’s Office of Safety Analysis (FRA) reports there are 9,504 train “accidents and incidents” which result in 7,238 injuries and 709 deaths.

In Florida alone, two accidents have been reported between November 2015 and January 3, 2016:

• A Seminole County woman walking on the tracks in Altamonte Springs, FL, in November 2015, died when an Amtrak train hit her, according to police. 

• January 3, 2016, a train hit a garbage truck stuck on the tracks in Palm Beach County, and more than 20 people were injured. 

The DOT (Department of Transportation) reports that the primary type of train accident includes operational accidents. These accidents may be derailments, crashes with either other trains or vehicles, and pedestrian injuries.  Reports say these accidents may be caused by conductor error, railway negligence, mechanical failure, a distracted pedestrian, a negligent motor vehicle operator, an object, such as a stalled car, sitting on the tracks, and inspection or maintenance violations.  

Operational train accidents occur because of the negligence on the part of operators. This negligence may be the result of employees who are responsible for guiding trains including a failure to switch tacks, failure to alert the conductor of rail traffic and routing that is flawed. There may also be a malfunction of gates, bridges and cautionary devices that alert motorists and pedestrians to an approaching train.

There are also mechanical accidents. These accidents occur as a result of poor, or no, inspections of machinery, faulty parts, incomplete inspections and unchecked or unhindered tracks. Train employees are responsible for the maintenance and upkeep of the train, and the tracks must adhere to inspection regulations of the DOT. 

The train crew itself may be responsible for a functional train accident. A functional train accident is the result of negligence or flawed operation of the train. These accidents may occur should there be distraction and/or recklessness. 

Pedestrian trespass fatalities

Florida is among the top five states for trespass casualties since 2005 when nearly three-fifths of deaths in rail incidents were pedestrian trespass fatalities.

Whether taking a shortcut or distracted by wearing ear or headphones, pedestrian train fatalities can be prevented. Pedestrian trespasses are subject to fines and arrest for trespassing on private property under Florida Law, Section 810.09.

Train and motor vehicle collisions

The FRA reports that in 2015, there were 2,286 train and motor vehicle collisions in the United States. In a quarter of all collisions, the train was already in the crossing when the car hit it. Nearly two-thirds of all collisions occur during daylight hours.

Some of the Federal regulations covering the operation of trains are:

Speed: Federal law sets the maximum speed based on several factors, including type of train and class of track it is traveling on.

Warnings: Even though trains have the right-of-way at intersections, they must signal their approach 15-20 seconds before entering a crossing with whistles, bells, flashing lights or a combination of all three.

Lights: If the train is traveling at night, it must use proper lights to make it visible to those who are on lookout at railway crossings.

In addition, train companies must:

• Maintain trains and their equipment in safe working order
• Hire qualified engineers to operate trains
• Keep train tracks free from obstructions, including weeds and other overgrowth that may make travel dangerous or obstruct other obstacles from view

“Pedestrians and motorists have a right to safe walking and driving around trains. Should you or a loved one be injured as the result of a train accident, contact Spivey Law Firm, Personal Injury Attorneys, P.A., said Fort Myers Vehicle Accident Attorney, Randall Spivey.

Fort Myers Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.