RAILROAD EMPLOYEE ACCIDENTS

In the early part of the 20th Century, Congress passed the Federal Employers’ Liability Act (“FELA”) in response to the thousands of railroad workers being maimed and killed throughout the 1870’s, 80’s and 90’s. As one court recently observed, “Congress crafted a federal remedy that shifted part of the ‘human overhead’ of doing business from employees to employers.” CSX Transportation, Inc. v. Miller, 159 Md. App. 123, 858 A. 2d 1025, 1028 (2004).

In part the FELA provides:

§ 51. Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; definition of employees...

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such a carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. Any employee of a carrier, any part of whose duties as such employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this Act be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this Act and of an Act entitled "An Act relating to the liability of common carriers by railroad to their employees in certain cases" (approved April 22, 1908) [45 YSCS § 51 et seq.] as the same has been or may hereafter be amended.

For additional information on FELA and railroad accidents, see our Frequently Asked Questions and our Case Results.

RAILROAD CROSSING ACCIDENTS

Year after year, Louisiana ranks in the top five in the nation in the number of vehicular-train collisions. More than five years ago, The Lafayette Daily Advertiser reported that "Louisiana ranked 2nd in the nation in the number of railroad crossing accidents and outpaced the rest of the nation in the number of collisions per rail mile." The Daily Advertiser, September 23, 1999, Lafayette, Louisiana. Unfortunately, not much has happened in Louisiana in the five years since that story was reported to make the state’s railroad crossings safer. The 25 most dangerous crossings in Acadiana, as reported by The Daily Advertiser:

1. North Main Street, Opelousas
2. Ann Street, New Iberia
3. Bank Street, New Iberia
4. Hebert Street, Jeanerette
5. Aycock Street, Jeanerette
6. Roy Baker Road, Lemoyen
7. Garland Avenue, Opelousas
8. Airport Road, New Iberia
9. West Pinhook Road, Lafayette
10. La. 26 near Elton
11. Capt. Cade Road, Cade
12. North Railroad Avenue, Opelousas
13. Druilhet Road, Jeanerette
14. South Lewis Street, New Iberia
15. SW Frontage Road, Lafayette
16. St. Antoine Street, Lafayette
17. North Garland Lane, Opelousas
18. West Simcoe, Lafayette
19. West Dale Street, New Iberia
20. St. Peter Street, Jeanerette
21. La. 317, Centerville
22. Cary Avenue, Jennings
23. Plaquemine Road, Jennings
24. Berard Street, Breaux Bridge
25. Eagan Road, Crowley

Larry has successfully represented individuals catastrophically injured or killed in railroad accidents. Larry understands the details of the work performed by train and track crews, as well as the rules and regulations which apply to warnings and signals to be placed at railroad crossings.

For additional information on FELA and railroad accidents, see our Frequently Asked Questions and our Case Results.