If you or a loved one has been hurt in a train crash, derailment, or railroad crossing accident, you need more than just legal help—you need a fierce advocate ready to go to war for your rights. As a top-rated New Orleans railroad accident lawyer, Daly & Black, P.C. helps victims pursue the full compensation they may be entitled to after serious train-related injuries.
If you or a loved one has been involved in a train accident in Louisiana, do not hesitate to act. Contact Daly & Black today.
How Common Are Train Accidents in Louisiana?
Train accidents are rare, but when they happen, the results are often catastrophic. According to Operation Lifesaver, there were 72 rail-related collisions in Louisiana in 2023, placing the state fifth in the nation. Of those, 37 resulted in injuries and 2 were fatal—a stark reminder of how dangerous these incidents can be.
These aren’t just statistics. Behind every crash is a story of trauma, loss, and injustice. Daly & Black P.C. is committed to rewriting all these stories through relentless legal advocacy.
Who Can Be Held Responsible for a Railroad Accident in New Orleans?
Accountability in train accident cases isn’t always obvious. Multiple parties may share liability, including:
Railroad Operators
Railroad companies like Amtrak, Union Pacific, and BNSF are legally responsible for maintaining safe operations and ensuring their crews are properly trained. If an accident stems from excessive speed, operator fatigue, or neglected infrastructure, the operator may be held liable.
In Theopholia Thomas v. BNSF Railway Company, a Louisiana jury awarded $8.3 million to a garbage truck driver injured at a dangerous crossing. BNSF was found 85% at fault for failing to maintain the site. The case highlights just how serious the consequences can be when railroad companies neglect safety.
Municipal Entities
Under Louisiana Revised Statutes § 9:2800, public entities like municipalities and parishes can be held liable for damages caused by dangerous or defective public property, including roads and traffic control devices near railroad crossings. If the entity had actual or constructive notice of the hazard and failed to take reasonable steps to correct it, they may be legally responsible for any resulting harm.
However, the statute also imposes limitations. Public entities are generally immune unless they have assumed responsibility for the area in question, and plaintiffs must prove that the danger presented an unreasonable risk of harm. This includes showing that the hazard was known or should have been known, and that the entity’s failure to act was unreasonable under the circumstances.
Equipment Manufacturers
Some train accidents stem from mechanical defects, like failed brakes, coupling malfunctions, or engine flaws. In such cases, the manufacturer of the defective equipment or the company responsible for its maintenance could face liability under product defect or negligence claims.
Employers
For railroad workers injured on the job, liability may rest with their employer. Under FELA, workers can sue their employer for unsafe working conditions, lack of proper training, inadequate equipment, or pressure to work in violation of safety standards. These claims are separate from standard workers’ compensation and often allow for more robust recovery.
Our team investigates every angle to identify exactly who failed you, and we go after them with everything we’ve got.
Legal Rights of Railroad Workers Under FELA
Railroad workers are not covered by traditional workers’ compensation. Instead, they’re protected under the Federal Employers Liability Act (FELA)—a powerful but complex law that requires proof of employer negligence.
If you’re a rail employee injured on the job, Daly & Black can help you:
- File a FELA claim to recover lost wages, medical expenses, and pain and suffering.
- Prove unsafe working conditions, lack of training, or defective equipment.
- Push back against retaliation or pressure from railroad management.
With our experience in high-stakes personal injury and FELA litigation, we build airtight cases that demand justice.
FELA Also Covers Latent Occupational Illnesses from Long-Term Exposure
Not every railroad injury is sudden or visible. Many workers suffer serious health consequences from years of exposure to diesel fumes, welding gases, industrial solvents, and other toxic substances. These illnesses, ranging from pulmonary fibrosis to certain cancers, often emerge after retirement but still fall under FELA protections.
At Daly & Black, we help current and former railroad workers pursue compensation for latent conditions tied to unsafe workplace environments. Whether you’re facing a recent diagnosis or only just realizing your illness may be work-related, we know how to build the evidence and hold negligent employers accountable.
Even retired workers may have the right to file a FELA claim if their condition can be traced to occupational exposure. But time is limited. You generally have three years from the date you knew (or should have known) that your illness was caused by your railroad employment. Don’t wait. Let us help you act quickly and strategically.
Injured as a Passenger or Bystander? We Can Help
Railroad accidents aren’t just a workplace issue. We represent:
Motorists and Pedestrians
Struck at railroad crossings with poor signage, malfunctioning lights, or broken barriers, often leading to catastrophic outcomes.
Commuter Passengers
Injured during derailments, emergency stops, or while boarding and exiting trains on unsafe platforms.
Nearby Residents or Workers
Harmed by hazardous material spills, loud blast zones, or shockwaves from rail-related industrial activity.
These accidents can result in severe outcomes such as:
- Traumatic brain injuries
- Spinal cord damage
- Burn injuries
- Internal bleeding
- Broken bones or amputations
- Wrongful death in the most tragic cases
If you weren’t working on the train but still got hurt, you may still have a strong case. A train injury lawyer at Daly & Black can walk you through your options.
What to Do After a Railroad Accident in New Orleans
The moments after a railroad accident can be overwhelming, but the steps you take next can make or break your claim. Whether you were injured at a crossing, onboard a train, or while working near tracks, following a few key steps can help protect your health and your legal rights.
Seek Medical Attention
Even if your injuries seem minor, get evaluated. Some conditions, like traumatic brain injuries or internal bleeding, don’t show symptoms right away.
Document Everything
Take photos and videos, collect contact info from witnesses, and keep copies of any official reports. The more evidence you preserve early, the stronger your claim.
Don’t Sign Anything from the Railroad
Railroad companies and their insurers may offer lowball settlements or request recorded statements. Don’t engage until you’ve spoken with a lawyer.
Call a Train Injury Lawyer You Can Trust
Let Daly & Black handle the legal battle while you focus on healing. We don’t just negotiate—we litigate, and we don’t back down.
The Daly & Black Difference
When you’ve suffered devastating harm, you need more than a lawyer; you need a firm that’s ALL IN. ALL THE TIME.
- Award-Winning Reputation – Named Insurance Litigation Firm of the Year, with a storied track record of success.
- Aggressive Tactics – We prepare every case like it’s going to trial, and the opposition knows it.
- Personalized Representation – You’re not just a case file. We treat your claim with the sensitivity and attention it deserves.
- National Reach, Local Commitment – While we operate across the U.S., our New Orleans office brings a deep understanding of Louisiana law and courts.
Whether you’re up against Amtrak, a multinational freight carrier, or a negligent municipality, we’ve got the skill and firepower to win.
FAQ
Who can be held responsible for a railroad accident in New Orleans?
Responsibility can lie with the railroad operator, a local government agency, a track maintenance contractor, or even a manufacturer, depending on what caused the incident. If safety measures were ignored or infrastructure was poorly maintained, multiple parties may share legal liability.
What legal rights do railroad workers have after an injury on the job?
Railroad workers are protected by the Federal Employers Liability Act (FELA), which allows them to sue their employer if negligence played any role in the injury. This includes unsafe conditions, lack of proper training, or defective equipment.
What steps should I take after a railroad accident in New Orleans?
Seek medical attention right away, document the scene if possible, and avoid speaking to railroad representatives before talking to a lawyer. Acting quickly can protect your health and strengthen your legal claim.
Get a New Orleans Railroad Accident Lawyer Who’s ALL IN for You
You’re dealing with enough: hospital bills, lost work, unanswered questions. The last thing you need is a railroad company dodging responsibility while your life is in pieces.
Call Daly & Black today to schedule your free case evaluation. There’s no fee unless we win. We’re not just your lawyers. We’re your weapon against the powerful interests that caused you harm.