Have you suffered injuries or experienced the wrongful death of a family member in a train accident in Clearwater, Florida? Do not hesitate to contact Winters & Yonker Personal Injury Lawyers. You may be entitled to compensation from the train company, train conductor, train manufacturer, or another liable party. Our experienced Clearwater train accident lawyers can help you pursue maximum compensation for your costs and suffering.
For more than two decades, Winters & Yonker Personal Injury Lawyers has been a leader in train accident litigation in Clearwater and throughout the greater Tampa Bay area. Collectively, our team of award-winning Florida trial attorneys have 119+ years of experience and have recovered tens of millions in settlement and jury awards for victims of cases like Assault injuries in Clearwater, pedestrian accidents, commercial vehicle accidents, child injuries, Clearwater construction accidents, truck accidents, and more.
How Winters & Yonker Personal Injury Lawyers Can Help After a Train Accident in Clearwater, FL
Whether you’re a passenger, a pedestrian, or an occupant of a train, the injuries you sustain can change the course of your life forever. Unfortunately, the path to recovering compensation is often more challenging than it should be.
It can be difficult to pinpoint exactly why a train derailed or got into a collision. Train services will work hard to control the investigation and shift liability away from themselves and their operators. Insurance adjusters will fight to limit payouts, even when it’s clear that the train service is at fault.
Don’t get pushed around or manipulated into accepting less than your train accident case is worth. Call Winters & Yonker Personal Injury Lawyers and enlist the help of our highly respected Clearwater personal injury attorneys.
You can count on our law firm to provide the type of compassionate and effective legal representation you ended during this difficult time in your life.
- Carefully review the results of state and federal accident investigations
- Launch our own independent investigation into your train accident
- Analyze train maintenance records, hiring records, driver records, photographs, property damage, video recordings, witness statements, forensic reports, medical records, and other evidence related to your case
- Bring in train experts, forensic specialists, mechanics, medical specialists, and other experts to provide invaluable guidance and insight as we build your claim
- Fight back against claims of shared responsibility for the train accident
- Utilize smart and strategic negotiation tactics to secure a top-dollar settlement on your behalf
- Reject lowball offers and bring your train accident lawsuit to a jury in Pinellas County, if necessary
There’s absolutely no upfront cost to work with our respected train accident attorneys in Clearwater, FL. We only get paid if we obtain compensation for you. Call our law office to arrange a time to discuss the specific details of your train accident claim today. Your first consultation is free.
Florida Railroad Accident Statistics
According to the Federal Railroad Administration, 2,188 train accidents were reported nationwide in 2022.
At least 777 people were injured, and another 274 were killed in these railroad accidents.
Statistically speaking, there are about 6 train accidents across the United States every day.
Florida ranks fourth for train accidents.
This isn’t surprising, given the number of commercial and private rail lines that run to and through the state. Freight railroads alone operate on 2,716 miles of railroad track in the Sunshine State.
While these train accidents happen all across the state, they’re not uncommon around Clearwater. In 2021, a 16-year-old boy was struck by a freight train while walking in Clearwater. In 2022, a train collided with a car on the tracks near Martin Luther King Jr. and Pennsylvania Avenues.
What Are the Leading Causes of Clearwater Train Accidents?
This can be tough to hear if you’ve been injured or lost a close family member in a train accident, but derailments and collisions are largely avoidable.
Negligence is the leading cause of most train accidents in Clearwater. In other words, simple acts of carelessness cause countless injuries and deaths.
- Negligent hiring
- Operator inattention and distraction
- Drug and alcohol use
- Operator fatigue
- Signal failures
- Defective tracks
- Unprotected crossing
- Mechanical error
- Trespassing (pedestrians on the tracks)
Our personal injury attorneys in Clearwater will coordinate an exhaustive investigation into your train accident. We will carefully review the circumstances of the collision, gather evidence, speak with witnesses, and work to get to the bottom of what happened and why. Once we understand the cause(s) of your train accident in Clearwater, we can begin to build a case against liable parties.
Who’s Liable for Train Accidents in Clearwater, Florida?
Florida law provides that liability will extend to anyone who plays a role in causing a train accident.
Potentially liable parties might include a:
- Negligent conductor or engineer
- Train staff member
- Train mechanic
- Train manufacturer
- Train owner
- Private train services like Amtrak
- Freight company
- Government agency
- Property owner
- Negligent motorist, bicyclist, or pedestrian
- Transit company
Winters & Yonker Personal Injury Lawyers will work hard to pinpoint liability and seek compensation from anyone who directly or indirectly caused your Clearwater train derailment.
Can I Recover Compensation if I’m Blamed for a Florida Train Accident?
Many train accidents involve pedestrians or motor vehicles. After an accident, it’s possible that the train service or operator will try to point fingers and say that you are at least partly to blame for the train accident.
This could hurt your financial payout or bar a financial recovery altogether.
Florida operates under a system of modified comparative negligence. There is a strict 51 percent bar to recovery.
Under state law:
- You cannot recover compensation if you are 51 percent or more at fault for a train accident
- You can recover a reduced financial award if you share less than 51 percent of the blame for your accident.
The more fault you’re assigned, the less money you can get. Sharing 50 percent of the blame for a train accident will cause your financial recovery to be cut in half.
Our train accident lawyers in Clearwater know these victim-blaming tactics all too well. During our preliminary investigation, we’ll be sure to search for evidence that can be used to fight back against these claims. Our team will also be aggressive and demand hard proof that you share any of the blame for the accident. We won’t let you get pushed around or manipulated by these powerful train services or their insurers.
What Types of Damages Can I Get in a Clearwater Train Accident Lawsuit?
When you file a legal claim after a train accident in Clearwater, you can generally recover:
- Economic damages to offset the financial burdens you experience, and
- Non-economic damages to compensate for your pain and suffering.
Collectively, these are known as compensatory damages and can include money for:
- Current medical bills and expenses
- Costs of reasonably necessary future medical treatment
- Lost wages and income
- Property damage
- Nursing care
- Chronic physical pain
- Mental anguish
- Reduced quality of life
- Funeral expenses
The train company and its insurer will want to call the shots and dictate the terms of your train accident case. Winters & Yonker Personal Injury Lawyers won’t let them. We’ll work closely with experts, dig deep into the aftermath of your crash, and work hard to build a case that can leverage the financial award you deserve.
Common Train Accident Injuries
Train passengers, crew members, and other train accident victims are susceptible to serious injuries, including:
- Broken bones
- Crushing injury
- Internal organ damage
- Nerve damage
- Eye injury
- Spinal cord injury
- Back injury
- Traumatic brain injury
- Joint injury
- Catastrophic injury
- Wrongful death
Prioritize medical treatment after you’ve been in a Clearwater railroad accident. Get to the closest hospital in Pinellas County to limit complications and mitigate your injuries. Once your condition is stable, contact our train accident attorneys to discuss your legal rights and options.
How Much Time Do I Have To File a Florida Train Accident Lawsuit?
In Florida, a two-year statute of limitations will apply to most train accident lawsuits.
You will have two years from the date of your train accident or a family member’s wrongful death to file a claim and demand accountability.
Once the deadline expires, you will lose the opportunity to get the compensation you deserve. Since there are exceptions to the statute of limitations, it is best to confirm the appropriate timeline for your case with a Clearwater personal injury lawyer.
Schedule a Free Consultation With an Experienced Clearwater Train Accident Lawyer
You may be entitled to compensation after a train accident in Clearwater, Florida. Winters & Yonker Personal Injury Lawyers can help you stand up, assert your legal rights, and demand the maximum financial payout you deserve.
Don’t take on the train company or its insurer on your own. Put our top-rated Clearwater train accident lawyers in your corner.
We offer 119+ years of experience and strategies that have helped us recover tens of millions for clients like you.
Call our law office in Clearwater, FL, to get started with a free consultation today.