INFORMATION AND WHAT TO DO.
Individuals who work on trains and along America’s railways work in a very dangerous environment. The chances of accidents involving injuries are extremely high considering there are over 200,000 miles of railroad track, over 1,000,000 freight cars, 20,000 locomotives and almost 90,000 track miles of signal and train control systems. In Louisiana certain rules and restrictions, Louisiana Revised Statutes 32:168 and 32:169, are in place to help reduce the chances of train accidents. Unfortunately, with so much traffic on Louisiana railways, accidents do happen. Many of these train accidents result in serious or fatal injuries to passengers and workers. At Murphy Law Firm, LLC, in Baton Rouge, our experienced train accident lawyers provide representation to victims of railroad victims. Founded in 1993, our personal injury attorneys have obtained significant settlements and verdicts for clients in our more than 150 years of combined service.
LA R.S. 32:168 (RAILROAD GRADE CROSSING LAW)
LA R.S. 32:169 (RAILROAD GRADE CROSSING LAW)
Learn more about your rights after a train accident in Louisiana. Call Murphy Law Firm, LLC locally at 225-206-5625 to schedule a free initial consultation. As more and more freight and passenger train cars travel along America’s railways, accidents can occur more frequently and the potential for injury becomes greater. If you, or someone you love, have been injured in a railroad accident, you need compensation for your medical expenses, pain and suffering, and any wages lost due to time away from work.
The personal injury lawyers at Murphy Law Firm, LLC also represents workers and passengers who are involved in train and railroad accidents. Learn more information about your rights and what options you have for pursuing the benefits you deserve. At our firm, we rely on a team of personal injury lawyers and staff to provide the representation that our clients deserve after train accidents. Quality representation includes direct communication, thorough accident investigations, personalized attention, and ethical treatment that puts your best interests first.
After a Train Accident, Talk With a Personal Injury Lawyer
After a railroad accident in Baton Rouge or elsewhere in the state of Louisiana, contact us at Murphy Law Firm, LLC. Schedule a free initial consultation and discuss your accident with an experienced legal advocate. Call our office locally at 225-206-5625 to make an appointment. All cases are taken on a contingency basis. Don’t Be A Victim Twice!
LOUISIANA’S “NO PAY, NO PLAY” RULE
§866. Compulsory motor vehicle liability security; failure to comply; limitation of damages
A.(1) There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
(2) For purposes of this Section, the meaning of “bodily injury” and “property damage” is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.
(3)(a) The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle:
(i) Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.
(ii) Intentionally causes the accident.
(iii) Flees from the scene of the accident.
(iv) At the time of the accident, is in furtherance of the commission of a felony offense under the law.
(b) The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.
B. Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.
C. If the owner of a motor vehicle, who fails to own or maintain compulsory motor vehicle liability security, institutes an action to recover damages in any amount, regardless of whether such owner or operator is at fault, and is awarded an amount equal to or less than the minimum amount of compulsory motor vehicle liability security, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.
D. Each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section. All persons who apply for the issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration shall sign a declaration on a form developed by the Department of Public Safety and Corrections pursuant to rule and regulation that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law. Proof of whether the person obtained or signed such declaration is irrelevant to the application of this Section.
E. Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.
F.(1) Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.
(2) In claims where no suit is filed, the claimant’s insurer shall have all rights to recover any amount paid by the claimant’s insurer on behalf of the insured for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.
G.(1) Except for newly acquired vehicles added to a policy subject to the policy terms, the issuance, change, or adjustment of any motor vehicle liability security or insurance policy subsequent to a motor vehicle accident, without proof of coverage having been bound prior to such motor vehicle accident, shall not effectuate any of the following:
(a) The recovery for injury or damages that are otherwise prohibited under this Section.
(b) The defeat of any affirmative defense otherwise allowed under this Section.
(c) The avoidance of liability for court costs otherwise required under this Section.
(2) Reinstatement provisions of a policy during the premium payment grace period specified in the policy shall not be invalidated by the provisions of this Section.
H. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.
Acts 1997, No. 1476, §4, eff. Sept. 6, 1998; Acts 1999, No. 1085, §1, eff. Jan. 1, 2000; Acts 2003, No. 532, §1; Acts 2008, No. 921, §1, eff. Jan. 1, 2010; Acts 2014, No. 149, §1.
NOTE: See Acts 1997, No. 1476, §5(D)(2). The rate reduction day was the date on which the judgment in the lawsuit became final, May 8, 1998. Sections 2 through 4 became effective 120 days thereafter, Sept. 6, 1998.
COMPARATIVE FAULT STATUTE- ARTICLE 2323
Art. 2323. Comparative fault
A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.
C. Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.
Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.