Louisiana Lawyer Blog

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.

Shreveport man dies in motorcycle collision

January 1, 2013 | by Broussard, David & Moroux

A Shreveport man struck a horse on his motorcycle when the horse suddenly sprinted in front of the man’s motorcycle on a highway. Both the man and the horse died in the accident. Authorities continue to search for the identity of the horse’s owner.

Animals can cause several different types of car accidents. First, a car may swerve to avoid hitting an animal, causing the driver to lose control and crash into another vehicle. On busy highways and rural roads, single-car accidents are also becoming more prevalent. A single-car accident typically takes place when a driver collides with a stray farm animal or wild animal.

An accident involving a stray animal can cause devastating injuries and serious damage. In particular, a collision with a large, idle farm animal, such as a cow or horse, can cause life-changing injuries and even death. However, complicated causation questions create obstacles for the injured to recover just compensation for injuries.

Texas Private Plane Crashes Into SUV During Landing

December 25, 2012 | by Broussard, David & Moroux

A private plane collided into an SUV driving on an airport’s service road in Roanoke, Texas during the pilot’s first solo landing. Both the plane’s pilot and the vehicle’s driver and passenger suffered no life-threatening injuries.

The Federal Aviation Administration is investigating the cause of the accident. This accident is the fourth accident of its kind near the Roanoke airport in the last three months. Two of the prior three accidents tragically resulted in fatalities.

Travelling in a private plane tends to be far more dangerous than commercial flying. All too often, pilot inexperience causes private plane accidents. Commercial pilots undergo advanced training and receive the preparation needed to operate planes in extreme weather and in emergency situations. In contrast, private pilots undergo less training and often lack the experience to handle unexpected changes in weather, equipment failure or emergencies.

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.

Fungal Meningitis Outbreak Linked to Tainted Steroid Injections

November 20, 2012 | by Broussard, David & Moroux

More than 300 recipients of tainted steroid injections have been diagnosed with fungal meningitis across the United States. Officials discovered black mold in the steroids in September. No cases have been reported in Louisiana.

In the last two months, these contaminated steroid injections have caused 24 deaths in the United States. Because doctors commonly insert steroid injections into the spine, doctors warn that meningitis can silently creep into a healthy patient’s system without causing the immune system to react defensively. The spine also gives the fungus direct access to the brain.

Doctors ceased administering the tainted shots. However, doctors recommend that all patients who have recently received steroid injections closely monitor their symptoms. If detected early, fungal meningitis is highly treatable.

Meningitis symptoms include headache, fever, stiff neck, swelling, nausea, vomiting, sensitivity to light and hallucinations. If you have experienced any of these symptoms after receiving steroid injections, you should seek medical attention immediately.

Supreme Court Considers Definition of “Vessel” Under Federal Maritime Law

November 13, 2012 | by Broussard, David & Moroux

The U.S. Supreme Court began its 2012 term hearing a case that could clarify whether floating structures qualify as vessels under federal maritime law. The determination of this issue could have a serious impact on floating homes and floating businesses.

In Lozman v. Riviera Beach, Fane Lozman, a Florida man living in a floating home off of Riviera Beach, and the city of Riviera Beach disputed whether Lozman’s home was a vessel or house for eminent domain purposes. After Lozman refused to register his floating home with the city, the city used federal maritime law to put a lien on the boat as a vessel.

Lawmakers Call on FDA to Regulate Energy Drinks

November 6, 2012 | by Broussard, David & Moroux

Two U.S. senators asked the Food and Drug Administration to eliminate regulatory loopholes that permit energy-drink manufacturers to sell drinks without disclosing high levels of caffeine last week.

This request follows after the agency released findings from its investigation into five deaths that were allegedly linked to the consumption of Monster energy drinks. Under current FDA regulations, the makers of energy drinks are not required to disclose ingredients on the label because they are considered natural food products.

Consumer reports suggest many energy drinks contain higher levels of caffeine than their packaging indicates or do not even list caffeine as an ingredient. Studies reveal that one energy drink can contain four to five times more caffeine than the average soda.