Louisiana railroad crossing lawyer - Baton Rouge

Louisiana Railroad Crossing Attorney

While railroad crossing deaths have fallen in recent years, there was a 22% increase in crossing-related deaths in 2004. It has been estimated that one person dies daily at U.S. crossings and more than twice as many people have been killed at grade crossings as have died in commercial plane crashes. Last year more than 3,000 accidents occurred at grade crossings.

Railroads are legally bound to provide safety to travelers on roads that cross railroad tracks, yet Louisiana consistently ranks in the top five states for auto-train collisions. As recently as February of 2005, six people died in two fatal accidents just north of Hammond in Tangipahoa Parish. If you have been injured in a train crossing related accident or if you have lost a loved one in a preventable grade crossing accident, you may be entitled to compensation.

At Babcock Law Firm, we believe that those responsible for injuring innocent people should be held accountable for their actions. We have successfully represented many personal injury clients throughout Louisiana and helped them to receive the fairest settlement and maximum award available including medical care, lost wages, suffering and other compensation. Whether we're litigating reckless or negligent individuals, fighting large corporations who recklessly endanger public safety, or negotiating with insurance companies - we aggressively pursue justice for our clients. Babcock Law clients depend on our uncommon insight and a common sense approach to solving legal problems.

In July 2004, the New York Times published the results a seven month investigation that revealed "the shoddiness of federal regulation and industry self-policing" in railroad crossing incidents. The newspaper exposed dangers such as the repeated failure of signals to give warning of a train's approach, failure in care of operation, lack of diligence in maintaining public and private crossing public and private, inadequate warnings of a train’s approach, failure to use reasonable speed, and improperly functioning and maintained crossings. Defective or outdated train equipment or untrained or overworked employees also contribute to the high accident rate. Among the most shocking revelations are:

Union Pacific's record of seven court sanctions between July 2001 and January 2003 for actions that ranged from destroying, mishandling or simply losing evidence to improper reporting of crashes;
CSX’s settlement of a more $1 million fine related to its failure to properly report and promptly fix promptly hundreds of warning-signal malfunctions at grade crossings,
While local police can investigate railroad crossing accidents, their power is limited. For instance, they cannot seize an event recorder or order a train's crew to be tested for drugs or alcohol. This limited power inhibits accident investigations and allows evidence to become stale or unavailable.
Federal authorities are empowered to properly investigate the role of the railroad in a crossing accident. Unfortunately out of nearly 3,000 rail crossing accidents in 2004, only four were fully investigated by authorized Federal personnel.

Louisiana is fighting to reduce vehicle-train accidents with increased motorist awareness campaigns and a March 2005 "emergency grade crossing summit" in Baton Rouge convened by the Department of Transportation and Development. Railroads are also participating in Operation Lifesaver with the Highway Safety Commission in a program that teaches motorists responsibility and safety when approaching grade crossings. In 2004, Louisiana paid an estimated $9.9 million to improve the safety of railroad crossings.

However, when overgrown vegetation blocks a driver's view, a crossing gate lights fail, or an engineer sounds their horn too late…even the most safety conscious drivers’ lives are in jeopardy. What are the survival chances of a one ton car when it is hit by a train that weighs 8,000 to 14,000 tons? Or the odds of an individual’s safety when a freight train is hurtling towards them at 55 miles per hour and can take more than a mile to stop? The time has come for railroad companies to accept more blame for the high rate of accidents and deaths at railroad crossings.

Since train companies often blame the automobile drivers and pedestrians in crossing accidents for inattentiveness and trying to "beat the train", you need an attorney who understands how railroad companies and the industry operates, speaks their language and is up to date on railroad regulatory matters. Our attorneys can evaluate your case and guide you through the legal process if you feel that you were injured because a train company has violated any of their duties. At Babcock Law Firm, we understand that a good settlement or damage award can make a positive difference in people's lives. If you feel that you are a victim of a preventable injury, or that someone you love has died because of another's negligence, call us today. Louisiana provides a limited time window in which to file a claim. Do not risk losing your right to fair compensation and justice. Call the Babcock Law Firm at 866-309-0911 or contact us via our online form.