Train Accidents

Train Kills Gonzales Second Grader

April 5, 2012 | by Broussard, David & Moroux

A 7 year old Gonzales girl was killed when hit by a train earlier this week. The girl was walking home with her older sisters when the accident occurred. She was taken from the scene to St. Elizabeth’s Hospital where she was pronounced dead.

Trains can provide a fast and affordable alternative to travel, but also can tragically cause serious injury or death. Extreme weather, mechanical error, failure to maintain the train or track, and distracted train operators are common contributors to train accidents. The attorneys at Broussard, David & Moroux know how devastating a train accident a train accident can be and the stresses it can put on a family.

A train operator must exercise a high degree of care in transporting passengers, property or goods. If he fails to do so, the train company may be held legally responsible for any injury or damage caused by his negligence. An experienced attorney can assist you in analyzing your legal claims and protecting your legal rights.

Derailed Train Causes Injuries

January 26, 2012 | by Broussard, David & Moroux

An Amtrak Train carrying over 70 passengers derailed in Michigan this week after colliding with a large truck that was stuck on its tracks. The accident sent 10 people to the hospital. This accident follows a string of recent Amtrak crashes over the past year, including two Louisiana Amtrak accidents that occurred in less than 24 hours last April.

In 2011 alone, there were over 10,000 train accidents in the United States. Many of these accidents occur at railroad crossings. Railroad crossings can be extremely dangerous junctures and often present challenging legal questions. As a common carrier, train operators are required by law to exercise a greater duty of care when operating the train. Nevertheless, it is often difficult to pinpoint the negligent actor in a railroad crossing accident.

New Orleans Train Crash

May 9, 2011 | by Broussard, David & Moroux

In April, three train accidents occurred within a 24-hour period in Louisiana. The first collision occurred in Jefferson Parish, when a driver, attempting to beat an oncoming Amtrak passenger train, collided with the train. Tragically, the driver was killed in the accident. The second collision involved another Amtrak train that collided with an 18-wheeler near Slidell and derailed off the tracks. Fortunately, the passengers, crew, and 18-wheeler driver only suffered minor injuries. The third collision occurred in Calcasieu Parish, where an Amtrak passenger train struck and killed a woman walking over the railroad tracks. The accidents raise serious concerns about train safety in the state.

Louisiana is ranked fourth in the nation for automobile-train crash fatalities. Louisiana has statutes in place to promote safety at railroad crossings. La. R.S. § 32:171 requires drivers approaching a railroad crossing to obey railroad signals and to stop at least 15 feet from railroad tracks when a signal indicates an approaching train. An individual who violates the statute may be subject to hefty fines and safe driving courses. Train operators are also required to use horns to warn vehicles prior to approaching railroad crossings and to operate trains with the utmost degree of safety and diligence. These statutes establish a duty of care for both train operators and drivers.

In cases involving train accidents, courts apply a negligence analysis. If a train carries passengers, the train is considered a “common carrier” under state law. A common carrier owes a heightened duty of care to its passengers. Under Louisiana jurisprudence, a common carrier should exercise the highest degree of care, skill, and diligence in transporting passengers. If a common carrier breaches this duty, it may be held liable for even the slightest negligence.