New Orleans Train Accident Lawyer for People Injured in Crashes Across the State
The sheer size of trains and the speed at which they travel make train crashes catastrophic and often fatal for those involved. Although more rare than other types of accidents, train crashes – whether it is a derailment or a collision with another vehicle – can and do happen. For the family of anyone injured in a train crash, it is important to have an experienced New Orleans train accident lawyer by your side in the aftermath of the disaster.
Bloom Legal is a full service Louisiana accident law firm whose attorneys represent people injured in accidents. Our lawyers have dedicated our careers to helping our neighbors in their time of need. We combine decades of legal experience and a track record of maximizing compensation for our clients and their families. Contact a New Orleans train accident attorney to learn about the means of compensation available to you after an accident.
What Are My Rights After Being Hit By a Train?
After being hit by a train, you have various options for exercising your legal rights against the negligent train company or operator. First, it will be important to establish that the crossing where you were hit was negligently maintained by the railroad or the train company and that the train operator acted negligently by failing to take adequate care when they noticed you in harm’s way. Second, railroad companies are under a strict obligation to make sure they give substantial warnings to both cars and pedestrians that a safety hazard is present. These obligations include providing a reasonable warning when a train is approaching, either with flashing traffic lights, guardrails or signs, and it must ensure that each of these warning mechanisms is in good working order. Failure to comply with either is proof of negligence and an opportunity for you to seek legal remedies for your injuries.
Who is Responsible for the Accident? Our New Orleans Train Accident Lawyer Explains
It is vital to determine the responsible party or parties involved in a train accident in order to be able to get compensation for your injuries. Whether the collision involves a freight or a commuter train, there are a number of people and entities that may be responsible, including:
- Train operators
- The train owner
- Train and parts manufacturers
- Train technicians
- Government agencies that operate, regulate or oversee train systems
- Safety inspectors
In many train accidents, more than one party is to blame.
The aftermath of a crash is a crucial time for determining responsibility. A New Orleans train accident lawyer at Bloom Legal will work to gather all of the available evidence, including police and accident reports, witness statements, photos and video footage, to establish how the crash happened.
What if I’m Partially to Blame for the Accident?
As a driver or pedestrian, you, too, have specific responsibilities to use care when a train is approaching. These responsibilities include looking and listening for a train when approaching a railroad crossing and watching for signs, signals, and warnings that a train is about to cross. Interestingly enough, you are not required to stop and can obtain the full extent of legal damages if an accident occurs in the absence of a stop sign or signal.
Let’s assume, however, that you failed to stop for a train you should have known was coming because you didn’t adequately heed the warning signal or sign. Even then, your New Orleans train accident lawyer can make the case that the signal wasn’t clearly visible or wasn’t properly activated. As a comparative negligence state, a Louisiana court would assign a percentage of liability for your role in the accident and award you damages according to that rate of fault.
For example, let’s say that the court determined that your failure to yield to the warning signs caused you to be 40 percent negligent in the train accident. The court would award you the damages you sued for, minus 40 percent, to compensate for your role in the accident.
Compensation for Train Accident Injuries
The money damages typically available in train accident cases is designed to compensate a person for any injuries sustained. The goal is to effectively return the person to the financial position that he or she was in before the crash.
The compensation regularly includes money for current and future doctors’ bills, as well as property damage, missed wages and any impact of the injuries on your quality of life and ability to earn a living. In the tragic situation in which a person dies in a train wreck, his or her loved ones can seek similar compensation for wrongful death.
No amount of money can turn back the clock and undo the crash. This compensation can, however, help soften some of the stress and provide some financial security.
What if I’m Hit Outside of a Designated Railroad Crossing as a Pedestrian?
A train accident that occurs when a pedestrian has failed to cross at the designated railroad crossing is still grounds for a lawsuit when an injury occurs. To successfully sue, you must be able to show that either the train company or the property owner (i.e., the owner of the railroad tracks) failed to maintain the tracks properly or that the train company or property owner knew that the accident location is one where people cross often and should have had adequate signage, stoplights, or other measures indicating a safety hazard. In addition, if you and your New Orleans train accident lawyer can prove that regardless of your negligence, the train operator or company was also negligent in causing the accident, then you will most likely have a case against them.
Speak with a New Orleans Train Accident Lawyer During a Free Consultation
If you or a loved one has been injured in a train accident in Louisiana, we can help. Our attorneys understand how to build the strongest possible claim for money damages and will guide you through the legal process with experience and personal attention.
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Posted By: Sarah Perrie