While railway travel may provide a fast and affordable alternative to cars and an efficient method for businesses to transport goods, the negligent operation of a train may cause serious injuries or even death. If you have been hurt because of the careless or reckless actions of a train operator or owner, you should talk to a personal injury attorney about your legal rights as soon as possible. Your time to file a claim may be limited due to the statute of limitations or other procedural deadlines. The Lafayette train accident lawyers at Broussard, David & Moroux can represent people whose lives have been forever changed due to a railroad crash, and we are ready to assist you if you or a loved one has been hurt.
Taking Legal Action After a Louisiana Train AccidentMany factors may contribute to a devastating train accident, some of which may be classified as human error, such as exceeding a safe speed, operating a train while distracted, or operating it while under the influence of drugs or alcohol. Other crashes result from mechanical errors, in which case the company or other entity responsible for maintaining the train or the tracks may be held liable. Trains are “common carriers” under both federal and state laws. Common carriers must exercise a high degree of care in transporting passengers and property. If a train company breaches this duty of care and causes harm to a passenger or another victim, it may be held legally liable for the resulting injuries or deaths.
Filing a claim against a railroad or train company may involve many procedural complexities, so an injured person should speak with an experienced lawyer who can help them comply with the relevant filing requirements. In some situations, a train may be partly owned by a governmental entity. If so, the government may argue that it is shielded by sovereign immunity, a doctrine that protects the government from liability except in very specific situations. Also, a claim that involves a governmental entity may require the plaintiff to file a notice of claim within a particularly abbreviated time window.
In addition to negligence claims brought by victims who have endured physical and emotional pain as well as lost wages and medical expenses because of a train accident, it may be possible for people who are employed in the railroad industry to seek compensation following an injury on the job. Depending upon the circumstances, an injured railroad worker may be able to pursue a traditional workers’ compensation claim, or they may be able to proceed under the Federal Employers' Liability Act (FELA). Claims brought under FELA are somewhat different from state law workers’ compensation claims in that they require the employee to prove that the employer was at fault for the on-the-job accident in which they were hurt. However, an injured worker who is able to prove negligence against their employer may receive full compensation, rather than the limited benefits available in an ordinary workers’ compensation claim.
Retain a Lafayette Lawyer for Your Train Accident CaseIf someone in your family has been hurt by a negligent train owner or operator, or if you have suffered a work-related injury while employed by a railroad, you deserve to be compensated for what you have gone through. Unfortunately, the insurance companies that provide coverage for train accidents are much more concerned with avoiding liability than with paying out fair compensation. The knowledgeable Lafayette train accident attorneys at Broussard, David & Moroux represent people who have been hurt on railways in Lafayette, New Orleans, Baton Rouge, Eunice, Lake Charles, New Iberia, and Alexandria, as well as other communities in Lafayette, Orleans, East Baton Rouge, St. Landry, Calcasieu, Iberia, and Rapides Parishes. For a free appointment with a train or other vehicle accident attorney, call us at 888-337-2323 or contact us online.