Man and Woman Struck and Killed by Train in Miami: Legal Options for Families

A tragic train accident in Miami late Monday night claimed the lives of a man and woman who were struck and killed by a passing train, according to Miami Police. The deadly incident occurred around 10:40 p.m. in the area of North Miami Avenue and Northeast 71st Street, an area known for both heavy train traffic and pedestrian crossings.

Authorities say officers responded to reports of two pedestrians being struck by a train late Monday evening. Upon arrival, they found both victims — a man and a woman — deceased at the scene.

Their identities have not yet been released, pending notification of next of kin. Officials have not clarified whether the victims were on or near the tracks at the time of the collision, nor whether any warning signals or crossing gates were active when the incident occurred.

The investigation remains ongoing as detectives work alongside railway officials to determine exactly what led to the fatal crash.

Train-related fatalities are, unfortunately, not uncommon in South Florida, where Brightline, Tri-Rail, and freight carriers such as CSX and Florida East Coast Railway operate daily across densely populated areas.

Miami-Dade County has some of the highest rates of pedestrian-train collisions in the state. Common contributing factors include:

• Insufficient warning signage or malfunctioning gates
• Poorly lit crossings that reduce visibility at night
• Trains traveling at high speeds through populated areas
• Pedestrian inattention or confusion about right-of-way
• Negligence by the train operator or railway company

Investigators will likely review surveillance footage, event data recorders, signal logs, and maintenance reports to determine whether this tragedy could have been prevented.

Legal Rights After a Fatal Train Accident

When a person is killed in a train or railroad-related accident, their surviving family members may be entitled to pursue a wrongful death claim under Florida Statutes §768.16–§768.26 (Florida Wrongful Death Act).

Potential liable parties may include:

• The train operator, if speeding, distracted, or failing to sound warnings
• The railroad company, if safety systems (gates, lights, or signals) were malfunctioning
• Maintenance contractors, if negligent upkeep contributed to the crash
• Local municipalities, if poor roadway design or inadequate lighting created a hazard

A wrongful death lawsuit can help families recover compensation for:

• Funeral and burial expenses
• Mental pain and suffering
• Loss of companionship and support
• Loss of income and future earnings
• Medical expenses incurred prior to death

Because these cases often involve federal and state safety regulations, it’s crucial to have an attorney with experience handling railroad and transportation liability claims.

Train and railway accident cases require immediate legal action to preserve evidence, such as signal data, crossing camera footage, and communication logs between dispatchers and train operators. Delays in investigating can allow crucial evidence to be lost or destroyed.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, our attorneys are highly experienced in representing victims and families affected by catastrophic transportation accidents. We work with accident reconstruction experts, transportation engineers, and federal investigators to uncover every contributing factor and hold negligent parties accountable.

If your loved one was killed in a train or railway accident in Miami, you have the right to seek answers and justice. Our firm offers compassionate, dedicated legal representation to families navigating these difficult circumstances.