The surviving family of Robert Walroth of Jensen Beach, Florida may have
a legal claim against Florida East Coast Railway (FEC), the largest freight
train operator in Florida.
Mr. Walroth had been reported missing by his wife at the time that he was
struck and killed by a passing FEC train in downtown Jensen Beach. His
wife had described to authorities that Mr. Walroth was possibly intoxicated
and depressed, and therefore feared for his safety.
Sadly, the occurrence of a train striking and killing a pedestrian happens
too frequently in Florida. Our state is the third state in the nation
for most incidents involving a pedestrian killed or injured by a passing
train, behind only California and Texas.
The families of pedestrians killed by trains may have legal claims
The families of victims who are killed by a passing FEC train may have
a legal claim against the railroad operator. There could be multiple Florida
laws that allow the family to seek justice for their loss. When a family
member is killed due to another’s negligence, the surviving family
members have a right under Florida’s Wrongful Death act to pursue
compensation for their loss of wages, and pain and suffering.
One way in which FEC could potentially be found to be responsible for the
accident is in the lack of precautions to secure a “de-facto”
path. A de-factor path is a stretch or section of a railway that is often
used by pedestrians, bicyclists, or automobile vehicles to cross, that
is not within the confines of an official cross.
The railroad company knows which intersections and crossings are de-facto
paths, and they also know which paths are more dangerous than others.
If FEC knows that a particular stretch of rail is susceptible to danger,
such as a narrow or obscured corner, the company is responsible for being
diligent in warning pedestrians of potential dangers with cones, signs,
A good legal team of experts for the family could prove that the section
was a de-factor path, and therefore, FEC failed to take the appropriate
and cautionary measures outlined by their own policies and procedures
to limit or prevent such terrible tragedies.
There are other laws which may protect and allow the victim’s family
to pursue justice on behalf of their loved ones, too.
Our firm handles sad, preventable cases such as this. We have several pending
litigation cases with the families of pedestrians who were killed by a
passing FEC train.
If you or someone you know has been injured or killed by a train in Florida,
call the Law Offices of Craig Goldenfarb, P.A. at 561-444-4440 to find
out if we can help you, too.