Brightline investigation wrongly blames trains, not people for fatal crashes | Opinion

I am writing to address the Miami Herald’s recent investigation called “Killer Train,” regarding Brightline trains in Florida. While your team gathered data, much of it I believe was misapplied, leading to incorrect conclusions. I also think that crucial information was either omitted or misinterpreted.

As a former volunteer and presenter with Operation Lifesaver, the largest rail-safety advocacy group and president of the Florida East Coast Railway Society, I’ve dedicated two decades to rail safety education. I believe it is imperative that your readers understand that Brightline has not been found at fault for any of these deaths. Not a single one.

I believe your investigation demonstrates fundamental misunderstandings:

• Quiet zones and horns: You criticize Brightline for not deploying horns in “quiet zones,” implying a “whistle ban.” This is incorrect. Railroads cannot establish quiet zones; only public agencies can. Even in these zones, horns can and must be used for safety. The term “whistle ban” is blatantly incorrect; a quiet zone simply removes the requirement for constant horn use, not the ability to use it when needed. I believe your team’s methodology reveals a misunderstanding of these regulations.
• Crossing prevalence and local resistance: You attribute danger to the “prevalence of crossings and local officials’ resistance to closing them.” This ignores history. The FEC Railway predates most South Florida development. Local governments, not the railroad, planned and developed these crossings as populations grew around the existing tracks. The railroad has attempted to close crossings, but public and local government resistance has consistently blocked these efforts. For instance, Lantana refused to close the Pine Street crossing, which has since seen multiple crashes, including a recent fatality. Your report wrongly blames the railroad when local authorities actively reject rail safety recommendations.
• Fatality rate comparisons: Your comparison of FEC freight trains’ lower fatality rate (13 deaths per million miles) to Brightline’s higher rate (24 deaths per million miles) I think is misleading. Most FEC freight traffic in South Florida occurs overnight, when fewer people are present. This time-of-day factor, unmentioned in your report, logically explains the difference. Crucially, this comparison inadvertently proves that train speed is irrelevant to the incident rate. The consistent factor in every incident is people being where they are not legally allowed to be.

Just as a driver running a red light is at fault, individuals ignoring numerous warnings — flashing lights, ringing bells and lowered gates — are responsible. Video evidence, like a car driving through a lowered gate in North Miami Beach on Jan. 8, 2025, underscores this point.

Consider the broader context of regional transportation safety: The deadliest section of Interstate 95 in Broward County has a death rate 50 times the national average, and three of the 10 most dangerous freeway sections nationwide are in Broward or Miami-Dade counties.

Perhaps Brightline incidents are a symptom of a larger issue with driver and pedestrian behavior in the region, rather than the cause.

Your investigation highlights a tragic incident where a driver was stuck on tracks. Driving is a privilege with responsibilities. Florida statutes explicitly state that drivers must stop 15 to 50 feet from tracks and only proceed when clear. It is always the driver’s responsibility, not the train’s.

The Federal Railroad Administration (FRA) has affirmed that drivers and trespassing pedestrians were “the direct cause” of all Brightline fatalities.

Brightline has consistently met or exceeded every federal standard and investigations by the FRA, and local law enforcement agencies have found no fault attributed to the train in any incident.

Your reporting, however, insists on blaming the train rather than those who chose to ignore laws and measures designed to protect them.

The space dedicated to your story could have had a far more positive impact if it had focused on educating the public about rail safety, rather than misplacing blame.

Jim Kovalsky is president of the Florida East Coast Railway Society.

This story was originally published August 7, 2025 at 1:15 PM.