Injured on a New Orleans Streetcar? Don’t Let Your Claim Expire

Whether you were riding the St. Charles line or commuting on Canal Street, a streetcar accident can change your life in a split second. But in Louisiana, the clock starts ticking the moment you are injured. If you wait too long—or if your attorney files your paperwork in the wrong building—your right to recover medical costs and lost wages could vanish forever.

In Louisiana, this “expiration date” is called prescription. For most personal injury claims, you may only have one or two years from the date of the accident to file a lawsuit in the correct court (La. C.C. art. 3492).

The RTA Trap: Why the Wrong Court Means a $0 Recovery

Filing a lawsuit against the Regional Transit Authority (RTA) isn’t as simple as filing a standard car accident claim. If your lawyer doesn’t understand the nuances of jurisdiction, you could lose everything, even if the RTA was 100% at fault.

A perfect example of this “trap” is the case of Lee v. RTA. In this case, a passenger was injured when a streetcar slammed on its brakes on Canal Street. The passenger hired a lawyer and filed a claim on time, but they filed it in First City Court.

The result? Total dismissal. Because the RTA is a political subdivision, the law requires the case to be filed in Orleans Parish Civil District Court. By the time the mistake was realized, the one-year prescriptive period had ended. Because the RTA hadn’t been “served” with the lawsuit in the correct court within that year, the victim was left with no recourse and $0 in compensation (La. C.C. art. 3462).

The importance of proper and timely filing of a lawsuit is illustrated in Lee v. RTA, where a streetcar passenger was injured when the streetcar had to aggressively brake to avoid a car turning in front of it on Canal St. Although the plaintiff filed his claim before the prescriptive period ended, he filed the claim in First City Court, which lacks jurisdiction over the RTA as a political subdivision. Instead, the claim should have instead been filed in the Orleans Parish Civil District Court.

The law states that when a claim is filed in an improper court, prescription is interrupted only by actual service of process within the prescriptive period. La. C.C. art. 3462. Service of process is procedure by which a party is informed of the lawsuit against them. In this case, the plaintiff’s claims had a prescriptive period of one year. By failing to properly serve the defendant within one year, and since his claim was not brought in a proper court, the plaintiff’s claims were dismissed with prejudice after being transferred to the proper court. This means that the plaintiff will have no opportunity to fix his mistakes and attempt to bring the claim again.

The trial court’s dismissal was upheld on appeal. If he had originally filled his claim in the correct court, or made timely service on the defendant, his claims would have been able to proceed. This highlights the importance of not only prompt action in choosing an attorney when you have been injured, but also choosing an experienced and reputable firm.

Don’t Let a Rookie Mistake Kill Your Case

The lesson from Lee v. RTA is clear: Prompt action is not enough; you need the right experience. When you are up against a massive entity like the RTA, “close enough” isn’t good enough in a courtroom.

At the Berniard Law Firm, we are the Louisiana Litigation Heavyweights. We understand the complex filing requirements for RTA and municipal accidents. We ensure that:

• Your claim is filed in a court of competent jurisdiction.
• Service of process is handled immediately to stop the prescription clock.
• Every technical “nuance” of Louisiana law is used to protect your recovery, not the insurance company’s bottom line.

Take Action Before the Clock Runs Out

If you were injured on a New Orleans streetcar, do not leave your future to chance. Contact our office today, we know you need answers fast.

Check Your Case Eligibility Now. Our initial consultations are 100% free, and we only get paid if you win.

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