A railroad crossing accident in Florida can happen in seconds and cause catastrophic injuries. Florida ranks among the worst states in the nation for crossing collisions, and victims often face powerful defendants — railroad companies, government agencies, and private contractors — when they try to recover. Knowing who is liable and how to build a claim is the first step toward getting what you deserve.
Florida’s Railroad Crossing Accident Problem
Florida’s railroad crossing accident rate is alarming. According to the Florida Department of Transportation (FDOT), crossing collisions and pedestrian trespassing together accounted for 94 percent of all railroad fatalities in Florida in 2023. The state ranked 4th in the nation for the number of grade-crossing incidents in 2023, behind only California, Texas, and Illinois.
Thousands of crossings throughout the state still rely on passive warning devices — signs without flashing lights or gates — making them especially dangerous. Even at crossings with active signal equipment, malfunctions occur. A crossing signal that fails to activate gives drivers no warning that a train is approaching. In a “quiet zone” — an area where trains are not required to sound their horns — a non-functioning gate can be lethal.
Who Can Be Held Liable for a Crossing Crash?
The answer depends on what went wrong. Railroad companies are responsible for maintaining safe crossings, keeping sight lines clear of overgrowth, and ensuring that signal equipment works. If a railroad knew a signal was malfunctioning and failed to fix it, they face direct liability. FDOT oversees the state’s Railway-Highway Crossings Program and can share responsibility when crossings it controls are dangerously out of compliance. Local governments may also be liable when a road design creates a blind approach or when vegetation on public land blocks a driver’s view of the tracks.
Suing a railroad company or a government agency is not like filing a claim against another driver. Railroad companies have legal teams and lobbyists. Claims against government agencies in Florida require strict compliance with notice requirements under the Florida Tort Claims Act — a wrong step early in the process can end your case before it starts. A personal injury attorney experienced in these claims knows exactly how to handle those procedures.
What Victims Can Recover After a Train Crash
Injuries from railroad crossing accidents are often severe. High-speed train impacts cause crushing trauma, spinal injuries, traumatic brain injuries, and fatal outcomes. Survivors face months or years of medical treatment, lost income, and permanent disability. Florida law allows injured victims to recover all of these losses, including future medical expenses, loss of earning capacity, and compensation for pain and suffering.
If someone was killed in a crossing crash, the family may have a wrongful death claim. The Federal Railroad Administration (FRA) maintains national safety data that attorneys can use to show a railroad’s pattern of neglect at a specific crossing. Evidence like this is powerful in litigation and often motivates early settlements at fair values. If you were hurt at a Florida railroad crossing, do not wait to act. The legal deadlines and notice requirements are shorter than in standard injury cases.
Orlando car accident attorneys specializing in train crossing crashes understand the complex regulations governing train operations and crossing safety. They investigate mechanical failures, examine maintenance records, and work with expert witnesses to determine whether preventable factors contributed to the accident.
A dedicated railroad crossing accident attorney at Martinez Manglardi can investigate the crossing, identify every liable party, and file all required notices on time so your claim stays alive.
Call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Convenient locations throughout Central Florida, including Orlando, Kissimmee, Apopka, Palm Bay, Ocala, Haines City, and Davenport.
