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Published on December 11, 2024
Boca Raton Family Files Wrongful Death Suit Against Brightline Over Quiet Zone Crossing FatalitySource: Wikipedia/BBT609, CC BY 2.0, via Wikimedia Commons

The family of James Ostrowski, a 74-year-old man from Boca Raton who was tragically killed by a Brightline train, has stepped forward with a wrongful death lawsuit, their goal is to hold Brightline Trains Florida LLC accountable. Ostrowski, on that fateful day of October 25, 2022, was crossing the tracks at SW 18th Street and South Dixie Highway, an area known as a "quiet zone" where train horns are not used to alert the public, Ostrowski was nearly through when he was struck.

Their lawsuit, as reported by WPTV, contends that signage at the crossing did not meet federal standards – the lettering had faded to the point of invisibility which compounded with "significant visibility issues preventing individuals west of the tracks to see trains heading northbound on the tracks." In what is described as a distressing detail, a roadway flagger assigned to the area was reportedly facing away from the oncoming train at the moment of the disaster.

The suit also points to a larger narrative: the grave count of fatalities associated with Brightline’s operations, as per allegations obtained by WPTV, Ostrowski's tragic end was "preceded by countless other deaths along the railway corridor."

An interview with the family's attorney Todd Baker, presented by WPBF, clarifies the family's stance; they do not merely seek judgment but urge Brightline to face their responsibilities and reform their operational standards, Baker argued that this company assisted in crafting these quiet zones and should have ensured they were properly safeguarded saying: "The quiet zones are federally mandated, and you have to apply to become a quiet zone. But you're supposed to set up certain safety measures. Brightline has assisted cities, counties, and local governments with the creation of these quiet zones and the safety measures. Sincerely, their assistance has fallen below what it should be."

In their pursuit of justice, the Ostrowski family, through their lawsuit, aspires to catalyze real change and improvements in railway safety protocols, Baker continued to emphasize the family's position stating: "What the family wants is Brightline to just be held accountable," adding "Could they have done better? Should they have done better? Do they know better? And the answer to all that is yes. Instead of victim-blaming, which is typically how Brightline responds to situations like this, they should be saying, 'We can do better, we will do better, and we're sorry," as noted by WPBF.

Miami-Crime & Emergencies