Train Accident Lawyer in Baton Rouge

The enormous railroad network in Louisiana carries both individuals as well as goods. However, if a train accident occurs, it can be fatal for drivers, pedestrians, and other road users.

The good news is that with the assistance of a knowledgeable Baton Rouge train accident lawyer from Gordon McKernan Injury Attorneys, you may be entitled to compensation if you were hurt in a train accident. 

With over $3 Billion recovered for accident victims from our record of 200+ Personal Injury Million+ verdicts and settlements, the Get Gordon team is ready to help you secure the justice and compensation you deserve.

How Many Train Accidents Per Year?

Train accidents are predominantly caused by human error, accounting for 38% of incidents. Furthermore, The U.S. Department of Transportation reports that 5,800 train-car collisions occur in the country every year.  Such errors include 

• Improper braking due to lack of training, distraction, or inexperience, as well as negligence from drivers of motor vehicles or pedestrians who disregard warning lights or attempt to beat the train at crossings. 
• Defects in the train or tracks also contribute significantly to incidents, accounting for 28% of accidents.
• Traveling at an unsafe speed and improper maintenance of the train, tracks, crossing signs, or station are also known factors.
• Equipment failures are responsible for 17% of train accidents.
• Fatigue is a significant cause of accidents, particularly amongst railroad employees who often work long hours with fluctuating schedules that can disrupt sleep patterns, ultimately impeding their ability to focus on the task at hand.

Types of Louisiana Train Accidents

Most train accidents are a result of negligence, and they can come in numerous forms. Some examples include 

• Derailments that can cause harm to passengers
• Collisions between trains and other vehicles such as cars or trucks
• Accidents involving pedestrians or bicyclists 
• premises liability incidents like slips and falls at train stations, and injuries sustained by workers due to dangerous working conditions or exposure to hazardous substances.

As you can see, while trains are a safe mode of transportation by default, they’re not completely immune to accidents. This is why our Baton Rouge train accident lawyers are on standby, ready to help you gain the compensation you rightfully deserve. 

What Happens if You Get Hit By a Train

It’s important to note that train accidents can result in catastrophic injuries due to the size and speed of trains. Catastrophic injuries sustained in train accidents can include

• Spinal cord injuries
• Severe burns
• Traumatic brain injuries
• Amputations
• And even wrongful death

Remember, these injuries can affect both train passengers and other parties involved in collisions with trains, such as pedestrians, drivers, and cyclists. Furthermore, a railway disaster can have devastating effects on victims and their families and may even call for extensive medical care, long-term care, and rehabilitation.

Wrongful Death Claim: Everything You Need to Know

Losing a loved one in a train accident can cause a lot of anxiety and stress. Although it won’t bring the person back, filing a wrongful death claim with a knowledgeable train accident lawyer can help you learn your rights and pursue compensation for the loss of your loved one.

5 steps you need to take to file a wrongful death claim in Baton Rouge after a Train Accident:

1. Get in touch with a Baton Rouge train accident lawyer at Gordon McKernan Injury Attorneys because they can help you protect your rights and answer any questions you may have.

2. Collect evidence: Once you meet with a Baton Rouge train accident lawyer at our firm to go over your case, the next step will be to gather evidence like accident reports, witness statements, and medical records to help build your case as much as possible.

3. Decide who can file: Surviving spouses, children, and parents can file the claim, as well as siblings or other close relatives (this includes adoption as well).

4. Prove liability: You need to prove the train was responsible for the accident and the death. This can possibly require expert testimony and accident reconstruction.

5. Obtain compensation: If you win your wrongful death claim, you may be entitled to compensation for a variety of damages, such as medical expenses, funeral expenses, lost wages, and loss of companionship.

Statute of Limitation Changes in Louisiana

In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

• 1 year for injuries sustained before July 1, 2024.
• 2 years for injuries suffered after July 1, 2024.

The statute of limitations is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.

Determining Liability in a Louisiana Train Accident

Determining liability in a train accident is crucial, as it determines the legal responsibility for the incident. To establish liability, certain elements need to be proven. 

• It must be shown that the party at fault owed a duty of care to the injured party. The extent of this duty varies depending on the circumstances, but it generally refers to the reasonable actions expected of a person in a similar situation. 
• It must be demonstrated that there was a breach of this duty of care, meaning that the actions of the at-fault party fell short of the expected standard. 
• It must be established that this breach directly resulted in the accident, which in turn caused the injury and subsequent expenses and impacts.

Baton Rouge Train Accident Case? Get Gordon!

Train accidents are complicated and frequently involve negligence. After being injured by a train, you need an experienced Baton Rouge train accident lawyer at Gordon McKernan Injury Attorneys to help you understand the very complex legal system. 

We can help you gather evidence, submit your claim, and negotiate with insurance, the train company, and the railroad in addition to representing you in court. On top of that, we prioritize making sure you’re able to fully comprehend the claims process for a train accident. 

Contact us by phone or online for a no-cost case evaluation! We look forward to helping you gain as much peace and understanding as possible during a hard time such as this.