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 Defective or outdated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.
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