RAILROAD ACCIDENT; WRONGFUL DEATH; $1.825 MILLION
MAY 3, 2013
Our clients were the wife and son of a man who was severely injured when his car was struck by a railroad maintenance vehicle (referred to as a “tamper”) at a highway/rail crossing in Red River Parish, Louisiana. As our clients’ husband/father approached the unguarded crossing, a tamper crossed the road. Due to the layout of the crossing, our clients’ husband/father did not see a second tamper that was following. The second tamper struck our clients’ husband/father’s vehicle near the front door on the driver’s side and pushed the vehicle northward for about 175 feet. The post-accident investigation revealed that the tamper operator violated various railroad rules, thus causing the crash. These rules included requiring on-track maintenance equipment to yield the right-of-way to vehicular traffic at crossings.
Our clients’ husband/father was severely injured and died after spending eleven arduous weeks hospitalized in a critical care unit. Over the course of this eleven week hospitalization, the injured man’s wife stayed by his side, comforting him as he raised fears of his death and struggled with the decision to ultimately remove life support. The case settled at mediation for $1.825 Million.