Florida’s rail networks are expanding rapidly. With high-speed trains like Brightline connecting South Florida to Orlando, and commuter rails like SunRail serving Central Florida, millions of passengers rely on these services annually. However, when a derailment occurs, a train hits a vehicle at a crossing, or a passenger is injured by a sudden, violent stop, the legal framework is vastly different from a car accident. Trains and buses in Florida are legally classified as “Common Carriers.” This designation provides victims with a significant legal advantage when pursuing a settlement.
The “Highest Degree of Care” Standard
In a standard car accident, you must prove that the other driver failed to exercise “reasonable care.” Common carriers, however, are held to a much stricter standard.
Because passengers entrust their lives entirely to the train operators and cannot control the vehicle, Florida law dictates that common carriers owe their passengers the “highest degree of care, foresight, prudence, and diligence” reasonably demanded at any given time. If a Brightline engineer is even slightly distracted, or if the maintenance crew failed to clean a slippery spill in the passenger car, the company can be held liable. The threshold for proving negligence against a common carrier is much lower than proving it against a private citizen.
Private vs. Public Transit: The Sovereign Immunity Trap
While the standard of care is the same, how much money you can actually recover depends entirely on who owns the train.
Brightline (Private): Brightline is a privately owned, for-profit corporation. If you are injured on a Brightline train due to their negligence, you can sue their massive commercial liability policies for the full extent of your economic and non-economic damages.
SunRail & Tri-Rail (Government): These are public commuter systems owned and operated by government entities (like the Florida Department of Transportation). Because they are government-run, claims against them are subject to Florida’s “Sovereign Immunity” laws. Under Florida Statute § 768.28, your total recovery against a government entity is strictly capped at $200,000 per person and $300,000 per incident. If a SunRail crash leaves you with $1 million in medical bills, you cannot recover more than $200,000 without a special legislative act.
Gathering Immediate Evidence
Whether public or private, rail companies deploy aggressive risk-management teams immediately after an accident. To protect your claim, you must document everything: take photos of the train car, keep your digital ticket, and seek medical attention on the exact day of the accident. Do not provide a recorded statement to a rail investigator until you have calculated the long-term value of your injuries.