Wrongful Death

Nationwide train accidents stir concern about rail safety

January 8, 2013 | by Broussard, David & Moroux

With reports of four train accidents in two months, the holiday season exposed the dangers and risks of rail travel. In Texas, a freight train tragically crashed into a Veterans Day parade, killing four veterans and injuring 16. A week later, another commercial train derailed in New Jersey when a rail bridge collapsed. Two Amtrak passenger trains also collided with idle vehicles on the tracks in Florida and Michigan.

These four accidents shed light on the issue of railroad safety in the United States. Railroad accidents continue to occur despite stringent federal and state regulations, which require railroad companies to exercise a high duty of care. As the National Transportation Safety Board continues to search for answers in these train accidents, it will be interesting to see if changes will be made to improve rail safety in the future.

In addition to federal and state regulations, most states have laws in place that designate trains as “common carriers,” and an injured rail passenger may have legal recourse under a “common carrier” theory of liability. These laws impose a more stringent duty of safety on railroads. Typically, a common carrier is legally responsible for any damage or loss to passengers, property or goods that are within its possession.

Louisiana State Police Report Thirteen Fatal Holiday-Week Crashes

December 18, 2012 | by Broussard, David & Moroux

The Louisiana State Police reported thirteen fatal crashes in Louisiana over the Thanksgiving holiday week. The accidents tragically resulted in fourteen deaths. Two crashes were caused by driver impairment and one crash involved a motorcycle and a pedestrian.

Louisiana law takes a harsh stance on drunk driving. This past legislative session, state lawmakers passed six new laws giving officers several methods to test an individual suspected of driving under the influence of alcohol or drugs. These laws also create harsher penalties for repeat offenders.

Despite the state’s recent crack down on drunk driving, driving under the influence remains a serious problem in the state, especially during the holidays. Impaired driving is a leading cause of fatal motor vehicle accidents in Louisiana. If your loved one was seriously injured or killed in a drunk driving accident, you should speak with a lawyer to learn about your legal rights.

Gulf of Mexico Oil Rig Explosion Claims Three Lives

December 11, 2012 | by Broussard, David & Moroux

An oil platform in the Gulf of Mexico exploded and caught fire off the coast of Grand Isle, tragically killing three workers. Out of twenty-four workers on the platform at the time of the explosion, four workers also suffered serious burns. One worker who suffered severe burns died after the accident at the hospital.

Regulators from the U.S. Bureau of Safety and Environmental Enforcement ordered Black Elk Energy, the platform operator, to immediately improve its offshore safety. Black Elk runs 98 platforms in the Gulf of Mexico, and the bureau recorded 156 non-compliance problems with Black Elk in 2012 alone.

Operators of oil platforms are legally required to create and implement safe working conditions for their workers. All too often, accidents occur when employers fail to routinely inspect and maintain equipment on the oil platform or fail to establish a framework of safe operating procedures for workers.

Texas Thanksgiving Interstate Pileup Kills Two and Injures Many

December 3, 2012 | by Broussard, David & Moroux

At least 140 vehicles collided on Interstate 10 in southeast Texas in thick fog Thanksgiving morning, killing two people and injuring more than 80. The two people who died were tragically crushed by an 18-wheeler in their SUV. Due to the dense fog, officers at the scene were initially unable to determine the magnitude of the massive accident.

In a multi-vehicle pileup, it may be difficult for an insurance company to ascertain fault and determine liability. Even in extreme weather conditions, drivers still have a duty to drive responsibly and exercise caution on the road. In large vehicle pileups, state laws and precedent often set the tone for assigning fault after the accident. An experienced personal injury attorney can assess the accident and give you an estimate of each party’s fault in the accident.

Silos and Grain Bins Continue to Endanger Farm Workers

November 27, 2012 | by Broussard, David & Moroux

Silos and grain bins continue to pose serious dangers to farm workers across the United States, according to a recent New York Times report. The report found that despite a sharp decline in farm-related accidents across America, the number of deadly silo and grain bin accidents remained consistent.

In the last five years, 80 farm workers have been crushed or asphyxiated in silos or grain bins. The report found that many of these work-related accidents were completely preventable. Among these accidents, the most serious accidents involved child and teen workers.

Experts suggest that this steady death rate can be attributed to relaxed workplace safety regulations. Federal regulators do not monitor the working conditions of large commercial farms. In addition, many farms, especially small family farms, cannot afford to train and protect workers from these known dangers.

Texas Students Injured in School Bus Crash

October 23, 2012 | by Broussard, David & Moroux

Two Texas school buses crashed into each other in San Antonio Monday morning near the entrance of a Texas high school. One bus driver died in the accident, and five student passengers suffered injuries. The cause of the accident remains under investigation.

School bus crashes are uncommon. However, when these crashes occur, they all too often result in tragedy and loss of life. When bringing a personal injury claim after a school bus accident, a plaintiff must first determine fault. Many actors can contribute to a school bus accident, including a negligent bus driver and other careless drivers on the road.

Iberia Parish Pedestrian Hit by 18-Wheeler

October 2, 2012 | by Broussard, David & Moroux

An 18-wheeler truck struck a pedestrian in Iberia Parish last week. The pedestrian died at the scene of the accident. The 18-wheeler driver was not injured. State police are investigating the cause of the accident.

Pedestrian accidents involving 18-wheelers are especially deadly because of the heavy weight of these large trucks. Each year, pedestrian fatalities make up about 12 percent of all traffic fatalities. Among these fatalities, statistics show that children and the elderly are more likely to be involved in a pedestrian accident.

Florida A&M University Dance Team Suspended for Hazing

September 13, 2012 | by Broussard, David & Moroux

Florida A&M University suspended its dance team after university officials received a complaint alleging an off-campus hazing incident involving the team. The university is currently investigating the incident. Florida A&M adopted a no-tolerance hazing policy after its drum major was tragically killed last year during a band hazing ritual.

Hazing-related injuries and deaths have been on rise across U.S. schools. Hazing occurs when a member of a group pressures a new member to participate in certain abusive, dangerous or embarrassing conduct to gain admission to or acceptance in the group.

Baton Rouge Cyclist Killed in Collision with SUV

August 23, 2012 | by Broussard, David & Moroux

An SUV driver struck a bicyclist riding his bike late Monday night in Baton Rouge. The bicyclist died at the scene of the accident. The cause of the accident remains under investigation.

Due to its large size and weight, a vehicle can cause serious and even fatal injuries to a bicyclist. Statistics reveal bicyclists are most likely to become involved in an accident while riding in intersections and at night. It is important for bicyclists and drivers to take extra precautions in the presence of each other. These precautions include driving cautiously, making each other’s presence known, wearing reflectors and abiding by traffic laws.

Fatal escalator accidents raise concerns about escalator safety

August 9, 2012 | by Broussard, David & Moroux

A 20-year-old Tennessee fan was killed after he fell over an escalator railing in the Georgia Dome. Another fan fell five stories to his death at the Texas-Vikings game in Houston last week. Police suspect both fans had consumed alcohol before falling.

Escalator accidents are becoming more common in today’s fast-paced world. Falls are the leading cause of escalator-related deaths and injuries in the U.S. Even with user misuse, falls can be caused by a defect in the escalator’s design. For example, an escalator may be defective if the designed railing is not high enough to keep riders secure.