A Chicago train accident lawyer from Rosenfeld Injury Lawyers fights hard for victims of railroad accidents throughout the Chicago metropolitan area. We represent railroad workers, pedestrians, and passengers against train operators like the Chicago Transit Authority, Metra, Amtrak, and freight operators, who will aggressively deny their liability and prevent victims from receiving full and fair compensation. Contact us today for a free consultation about your legal rights.
Over the past 25 years, we have secured over $450 million in successful settlements and verdicts for 5,000 clients, earning us the prestigious Super Lawyers® rating. We are members of the Million Dollar Advocates Forum thanks to settlements that are well above the national average, such as $1,500,000 for a train operator who hurt his shoulder while falling off a train platform at Union Station.
Having helped numerous train accident victims receive justice, our law firm has an in-depth understanding of these unique personal injury cases. These include:
Railroad accidents happen for a variety of reasons, which include:
According to the Federal Rail Administration, roughly a third of all train accidents are due to human error. This can be due to fatigue, understaffing, inadequate training, and high stress.
Due to the sheer size and speed of these vehicles, train-related injuries are often very severe and may even result in death. Common severe injuries we see include:
Thanks to the Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital, there is no statutory cap on non-economic compensation that an injured person may receive. Common compensation includes:
For fatal train accidents, wrongful death damages can include funeral and burial expenses, final medical costs, loss of financial support, loss of companionship, and grief.
In cases involving reckless disregard for safety, juries may award punitive damages. These damages are treated differently from compensatory damages, including that they can be taxed (735 ILCS 5/2-1115.05).
The average train accident settlement is $8,797,851. Amounts range between $14,673 and $55,815,360. Factors that determine payouts include evidence, liability, injury severity, the victim’s age, and case type.
Lilia Apulello was driving with her parents in Bloomingdale when they came across a railroad crossing, with barriers up and signals quiet. They were struck by an Illinois Central Railroad Company train, sending the SUV flying 200 feet and rolling another 250 feet. All three victims suffered brain injuries and were awarded $55,815,360.00.
Renea Poppel was on a Joliet to Chicago Metra train when it derailed after going over a track switch. Two people died and 100 people were injured in the train accident. Poppel suffered a brain injury and will need 24-hour care for the rest of her life. She was awarded $29,560,081.00 by a jury.
Train accident clients need legal help because these cases involve complex federal and state law, as well as a multi-agency investigation. For commuter train accidents, there is also common carrier liability to consider.
Victims often have serious injuries, including both mental and physical injuries. This makes it harder to seek compensation that covers all lost income and medical expenses. Lastly, railroad companies will fight their liability, requiring aggressive negotiation.
Between 2004 and 2012, there were 388 pedestrian fatalities in train accidents in Chicago. Around 800 pedestrians die every year in train accidents throughout the United States. Pedestrians represented 79.8% of all train fatalities from 2012 to 2014, and these deaths have risen significantly in the past 35 years.
Analysis demonstrates that Chicago is more dangerous for pedestrians, as a higher density of grade crossings and stations is associated with more unintentional deaths.
However, train volume does not influence unintentional deaths, as it’s expected that pedestrians will show more care around busier crossings.
The Illinois Department of Transportation notes that in 2023 alone, there were 13 train accidents involving collisions with cars in Chicago.
In 2024, there were 103 train accidents in Illinois overall, resulting in 20 deaths and 52 injuries. Nationwide, there were 2,257 vehicular collisions at grade crossings in 2024. This caused 264 fatalities and 760 injuries. According to the National Safety Council, 27% of all railroad-related deaths in 2024 occurred at crossings.
Illinois uses modified comparative negligence, meaning that you can only sue if you are less than 50% responsible (735 ILCS 5/2-1116). The Illinois Vehicle Code often determines liability, such as whether you obeyed all crossing signals at railroad crossings (625 ILCS 5/11-1201). You have two years to sue for damages (735 ILCS 5/13-202).
In fatal accidents, the next of kin can sue for medical expenses before death, loss of financial support, and grief. The statute of limitations is two years (740 ILCS 180/).
The Metropolitan Transit Authority Act governs claims against the CTA, which imposes stricter deadlines for claims against municipal authorities (70 ILCS 3605/). The statute itself does not provide a statute of limitations, but, like with other government agencies, you only have one year to file a claim and must provide notice before this deadline (745 ILCS 10/8-101).
Injured railroad workers can make a claim under FELA (45 U.S. Code § 51). Like with a personal injury suit, you must prove employer negligence, such as inadequate safety training or equipment. This system has a three-year statute of limitations. There is no cap on damages you can secure under FELA.
The Illinois Joint Tortfeasor Contribution Act enables victims to secure compensation from more than one liable party (740 ILCS 100/2). Our team will thoroughly review your case to identify all individuals or organizations that contributed to the accident. Potentially liable parties can include:
Prompt action is key to winning your case. Follow these steps as soon as possible.
Our firm will assist you with every aspect of your case, ensuring the best chance at fair compensation. To begin, we will thoroughly investigate the train accident, including reviewing previous records of violations or mechanical defects that may have caused the collision.
These cases often involve multiple government agencies and complex liability questions. Thanks to our years of experience in similar cases, we can coordinate with all liable parties and secure key evidence from relevant agencies that will support your claim.
Evidence for these accidents often hinges upon engineering or structural defects. We will retain railroad experts who can provide their informed opinion about why the accident may have occurred and who may be liable.
Jurisdictional questions also inform your case. If you are filing a FELA claim as an injured railroad employee, we will file with the appropriate federal court, while the Circuit Court of Cook County handles personal injury claims. We will efficiently negotiate and litigate to ensure the best chance at financial recovery.
The award-winning attorneys at Rosenfeld Injury Lawyers are fierce advocates for injured railyard workers, passengers, and pedestrians hurt by railroad negligence. Our personal injury lawyers in Chicago work on a contingency fee basis, meaning that everyone can secure world-class legal representation regardless of their means. To schedule your free case review with a railroad accident attorney, call us at (888) 424-5757 or use our online contact form.
Our office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Elgin, Schaumburg, Rockford and throughout Illinois.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.