If you or a loved one has been injured in a streetcar or trolley accident in New Orleans, the personal injury attorneys at Dudley DeBosier are here to help. We understand the unique legal landscape surrounding public carrier liability in Louisiana and can fight for the compensation you deserve.
While streetcars are a beloved part of New Orleans’ identity, they can also be the source of accidents resulting in serious injuries. The legal issues that follow are more complex than a typical car accident claim.
How Streetcar and Trolley Accidents Happen in New Orleans
Streetcar accidents can occur in a number of ways, and the victims are not always passengers. Accidents commonly involve:
- Collisions with vehicles: Because streetcars run on fixed tracks embedded in city streets, they share lanes with other vehicles. Drivers who fail to yield, make improper turns across tracks, or park on the tracks can cause serious collisions.
- Pedestrian accidents: Pedestrians who cross tracks without checking for oncoming streetcars, or who are walking near the tracks, can be hit. Streetcars need extended time to stop and cannot swerve to avoid obstacles.
- Passenger falls inside the car: Sudden stops and starts can cause standing passengers to fall. Overcrowding and inadequate handholds can also contribute to accidents.
- Boarding/offboarding injuries: Passengers can be injured stepping on or off a streetcar, particularly when the stop is not maintained or when operators fail to wait for passengers to clear the vehicle.
- Track defects: Poorly maintained tracks can cause derailments or contribute to rough rides that injure passengers.
- Operator error: Excessive speed, failure to signal, distraction, and running traffic lights are all examples of operator negligence that can cause crashes.
Common Injuries in New Orleans Streetcar Accidents
The injuries sustained in streetcar accidents can range from minor to catastrophic, depending on the nature of the collision or fall. They can include:
- Broken bones
- Traumatic brain injuries (TBIs)
- Back and spinal cord injuries
- Soft tissue injuries, including sprains, strains, and whiplash
- Lacerations and abrasions
- Hip injuries, particularly in older adults
- Internal injuries
- Wrongful death
Seeking immediate medical care is critical after a streetcar accident. New Orleans-area hospitals equipped to treat serious trauma include University Medical Center New Orleans and Ochsner Medical Center-New Orleans.
Filing a Claim Against a Government Entity
Because the RTA is a public agency, filing a claim against it involves different procedural requirements than other types of auto accidents. These requirements are strict, and missing a deadline can end your case before it begins. The Louisiana Governmental Claims Act (LGCA) outlines the following requirements:
Sovereign Immunity Limitations
Sovereign immunity protects governments from being sued without their consent. While Louisiana has waived sovereign immunity in many situations, government entities still have certain protections that can affect your claim and available damages.
The LGCA places limits on compensation amounts, regardless of how severe the accident was. The maximum amount of damages that can be recovered is $500,000 per person and $1,000,000 per incident.
Notice of Intent
Before you can file a personal injury lawsuit, you must first provide written notice of your claim within 90 days of the incident. This is a firm deadline; missing it can stop your claim in its tracks entirely. The RTA then has 30 days to deny your claim, offer a settlement, or not respond. If your claim is denied or you get no response after 30 days, you can move forward with filing a lawsuit.
Statute of Limitations
In Louisiana, personal injury claims generally must be filed within two years. For claims against government entities, this timeline can overlap with the notice requirements, making early legal counsel essential.
The personal injury attorneys at Dudley DeBosier have a deep understanding of state law as it applies to common carrier claims. We can make sure procedures are followed, deadlines are met, and your rights are preserved.
Contact us today for a free, no-obligation case review.
Third-Party Claims in Streetcar Accident Cases
Not every streetcar accident involves the RTA as the primary responsible party. In some cases, other parties can share or bear primary liability:
- Negligent drivers: If another vehicle caused or contributed to the accident, that driver and their insurer may be liable.
- Vehicle manufacturers: If a defect in the streetcar itself contributed to the accident, the manufacturer may be responsible.
- Property owners: If a dangerous condition on nearby property contributed to the accident, the property owner may be liable.
- Maintenance contractors: Companies responsible for maintaining tracks, signals, or streetcar vehicles share liability when poor maintenance plays a role.
Steps to Take After a Streetcar or Trolley Accident
The actions you take in the hours and days after a streetcar accident can significantly affect your ability to pursue a claim. Consider doing the following:
- Seek medical care immediately, even for injuries that seem minor. Medical records are important evidence in any legal claim.
- Report the accident to the New Orleans Police Department and the RTA. Ask for an incident report number.
- Document the scene, the streetcar, injuries, road or track conditions, and anything else that may be relevant. Take photographs, if possible.
- Collect contact information from witnesses.
- Keep copies of all medical records, bills, incident reports, and correspondence with the insurance company or RTA.
- Contact an attorney before speaking to any insurance companies.
Partner with a law firm you can trust to guide you through the complexities of claims involving streetcars, trolleys, and ferries. Dudley DeBosier Injury Lawyers has proudly represented the citizens of Louisiana for decades. Let us help you seek justice and move on from your accident with confidence.
The Algiers Point Ferry and Louisiana Maritime Law
When an accident occurs aboard vessels running out of Algiers Point Ferry Terminal, the legal landscape becomes more complex. Ferry accidents could involve federal maritime law, with its own standards of care, procedural requirements, and statutes of limitations.
Ferry accident cases are subject to the Louisiana Rule, which states that when a moving vessel strikes a stationary vessel, navigational structure, or other fixed object, the moving vessel is presumed to be at fault. This can be significant if the ferry boat strikes a dock, pier, or moored vessel. It puts the burden on the ferry operator to show that the accident was not the result of negligence.
Other aspects of maritime law that may apply include:
- The Jones Act: Applies to ferry workers. If a ferry crew member is injured on the job, they are entitled to pursue a negligence claim against their employer.
- Unseaworthiness: If the ferry was not in a reasonable condition due to mechanical failure, inadequate crew training, or poor maintenance, an unseaworthiness claim may be available to injured passengers or crew.
- General maritime law: Passengers injured on a ferry due to operator error or unsafe conditions may have a general maritime negligence claim regardless of whether the Louisiana Rule applies.
- Federal jurisdiction: Maritime claims can be brought in federal court under admiralty jurisdiction, which may affect the procedures, available damages, and law governing your case.
Because ferry accident claims can fall under both state law and federal maritime jurisdiction, planning the right legal strategy requires careful analysis. Our team of New Orleans attorneys is familiar with both areas of law, and can evaluate your claim, identify which rules apply, and make sure all filing requirements are met.
Understanding New Orleans’ Streetcar System
New Orleans is one of the few cities in the United States where historic streetcars remain a primary mode of public transportation, making up to 300 trips per day. The iconic green cars of the St. Charles line and the Riverfront and Canal Street routes operated by the Regional Transit Authority (RTA) carry thousands of passengers and share city streets with pedestrians, cyclists, and motorists.
New Orleans’ streetcar network is operated by the RTA, the public agency that manages the city’s bus and rail transit. The RTA currently operates three streetcar lines:
- Charles Line: The oldest continuously operating streetcar line in the world, running approximately 13 miles from the Central Business District through Uptown and back. It shares lanes with other traffic along St. Charles Avenue.
- Canal Street Line: Operates along Canal Street between the French Quarter and City Park/Mid-City. Branches extend to the cemeteries at the end of Canal Street.
- Riverfront Line: Runs along the Mississippi riverfront, connecting the French Market to the Ernest N. Morial Convention Center.
In addition to the streetcar lines, the Algiers Point Ferry connects Canal Street with Algiers Point across the Mississippi River. Passengers injured aboard the ferry may face a distinct set of legal considerations when trying to pursue compensation, including potential maritime law implications, in addition to common carrier liability rules.
Common Carrier Duty of Care in Louisiana
One of the most important legal concepts in streetcar and trolley accident cases is common carrier liability.
Unlike ordinary drivers, common carriers (also called “public carriers”) such as buses, streetcars, and ferries are held to a higher duty of care under Louisiana law. This means that when a streetcar or ferry operator acts negligently and a passenger is injured, they may be held liable even when an ordinary driver would not be.
This heightened standard applies to the safe operation of the vehicle, the condition of the vehicle itself, adequate training of operators, and the maintenance of safe boarding and disembarking conditions.
Contact Dudley DeBosier Injury Lawyers for Help
Streetcar, trolley, and ferry accident cases in New Orleans involve a unique intersection of state and federal law. Our attorneys know how to navigate these nuances by:
- Investigating the accident and gathering evidence, including RTA incident reports and surveillance footage
- Filing all required notices and meeting every deadline on your behalf
- Identifying all liable parties and insurance coverage available
- Negotiating with the RTA and other insurers for a fair settlement
- Taking your case to court if a fair resolution cannot be reached
Contact Dudley DeBosier Injury Lawyers today for a free case review. We can work to protect your rights and fight for the damages you deserve. Our No Fee Guarantee® means you pay no fees, costs, or expenses unless we win.
