Train accidents can be life-changing events, often leading to serious injuries or worse. As a major transit hub, Chicago sees its fair share of such incidents.
If you’ve been involved in a train accident in the city—as a worker, passenger, or affected community member—consulting with an experienced train accident lawyer is crucial for understanding your rights and determining the best course of action for seeking compensation.
Keep reading to learn more about train accidents, what you could be entitled to from the responsible party, and the importance of working with an attorney.
Why Hire Our Chicago Train Accident Lawyers
Hiring train accident attorneys holds tremendous potential benefits for train accident victims, regardless of who displayed negligence and is therefore at fault. When facing the aftermath of an accident, Rosenfeld Injury Lawyers provide comprehensive representation every step of the way.
Here’s how we can help:
- Understanding of train laws: Our Chicago train accident attorneys specialize in the transportation laws governing trains and their operations, ensuring that legal strategies align with these regulations.
- Access to resources: We have connections with expert witnesses such as accident reconstruction specialists and professional medical evaluators who can offer insights into train accident cases.
- Determining liability: Our attorneys are skilled in investigating complex accidents and gathering evidence to determine accountability. This may point to multiple parties, from operators to manufacturers and even government entities.
- Calculating damages and negotiating settlements: We can accurately calculate the full extent of your damages—including intangible impacts like pain and suffering or decreased earning capacity. We will negotiate with insurance companies and liable parties to ensure you receive a settlement that reflects your losses and suffering.
- Represent you at trial: In cases where fair settlements cannot be achieved outside of court, our trial lawyers are prepared to present evidence before a judge and jury.
Common Causes of Train Accidents
Train accidents can result from a range of factors, and their causes are often multifaceted. Some common contributing factors include:
- Human error: When operators fail to adhere to speed limits or safety protocols, they put the train at risk for incidents.
- Mechanical failure: Components like brakes or engines may malfunction if not correctly manufactured or maintained.
- Defective tracks: Imperfections or damage in railroad tracks greatly increase accident risks, such as derailments and collisions.
- Unprotected crossings: Unprotected crossings on railroad tracks pose a serious risk, potentially leading to collisions between vehicles and passenger trains or an oncoming train and a pedestrian when proper warning mechanisms are lacking.
- Reckless pedestrians and drivers: Individuals ignoring signals or trying to race against oncoming trains risk causing catastrophic accidents.
- Stalled cars on the track: Vehicles breaking down or stopping on the tracks present hazards that can lead to severe collisions if not removed in time.
- Signal errors: Malfunctioning signals or miscommunication can send a train off-course, leading to serious accidents.
Types of Train Accidents
Train accidents come in various forms, each with specific characteristics and potential dangers. Understanding how train accidents occur and the potential types is essential when seeking compensation and support for recovery. Here are some examples:
Train Derailment
This type of accident involves a train coming off its tracks, which can be caused by track defects, operator error, equipment failure, or even a collision with other trains on the track.
Due to trains’ massive size and speed, these accidents often result in significant damage and serious injury.
Train Collisions
Collisions between two trains on the same track or at crossings are generally severe and require comprehensive investigation to determine the cause.
Worker Injury or Death on the Job Site
Worker injuries or fatalities on rail job sites are not only tragic but also legally complex. In these cases, leveraging the protections offered by the Federal Employers Liability Act (FELA) is necessary.
A Chicago FELA lawyer can help injured workers or their families understand their rights and pursue justice in accordance with this specific body of law designed to provide compensation for the train employees hurt on the job.
Liability in Train Accident Cases
When it comes to train accidents, understanding liability is crucial as multiple parties could potentially be responsible:
- Train operators: If negligence or error by the operator contributed to an accident, they might be held liable. For instance, disobeying signals or operating trains above the appropriate speed.
- Train company: A train company can be held accountable for accidents resulting from inadequate training, failure to enforce safety protocols or improper train maintenance.
- Employees: Errors by railroad workers in signaling, track switching, or routine maintenance might establish grounds for liability if these actions lead to an accident.
- Railroad crossing authorities: These entities may be liable if inadequate safety measures, signage, or warning devices at railroad crossings lead to an accident.
- Government agencies: Our Chicago Transit Authority accident lawyers can help with cases where oversight bodies might share in the liability, especially when regulations are not properly enforced, or issues within public transit systems aren’t addressed appropriately or promptly.
- Manufacturers and suppliers: These parties are responsible for providing safe train components; defects from manufacturing could result in them being held responsible for damages resulting from a train crash.
- Contractors: Subcontractors or contractors engaged in railroad construction, maintenance, or repair can be held accountable if their work is shoddy or fails to meet safety standards, contributing to an accident.
The Statute of Limitations for Train Accidents in Chicago, Illinois
In Chicago, Illinois, the statute of limitations for filing a train accident claim depends on whether you are an injured worker or a third party.
Injuries suffered by workers are typically governed by FELA, which gives these individuals three years from the date of the incident to file a personal injury lawsuit. Injured passengers, on the other hand, only have two years to file personal injury claims.
These statutory deadlines vary based on specific case circumstances, and it is crucial to navigate the legal deadlines accurately. Missing these time frames could prevent you from successfully collecting damages for your injuries and medical expenses.
Damages Our Chicago Train Accident Lawyers Can Help You Recover
Victims of train accidents may be entitled to recover a range of monetary compensation following a serious accident. The most common examples include:
- Economic Damages: These cover tangible losses related to the accident, including medical bills, future healthcare costs, lost wages, and property damage.
- Non-Economic Damages: These include compensation for the intangible impacts of a serious injury caused by an accident. Examples include pain and suffering, as well as emotional distress.
- Wrongful Death Damages: Our Chicago wrongful death attorneys can help the family members of accident victims seek wrongful death damages. These usually include medical bills for physical injuries prior to passing, wage loss, funeral and burial expenses, loss of companionship, and other expenses related to the passing of a loved one.
The Most Common Train Accident Injuries
Train accident victims often sustain severe injuries due to the sheer force of such collisions. The most common injuries typically include:
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Broken bones and fractures
- Lacerations and contusions
- Whiplash
- Internal organ damage
- AmputationsÂ
- Burns
- Nerve damage
Train Accident Statistics
Though less frequent than car crashes, train accidents happen with alarming regularity and can often result in severe outcomes. Here are some train accident statistics that underscore the need for victims and their families to seek legal representation in the aftermath of train accidents:
- In The United States, there were 954 railroad deaths in 2022, which was an 11% increase from the previous year. [1]
- Illinois was ranked as having the 3rd highest number of train crashes in the country. [2]
- In 2021, there were 124 recorded collisions between trains and motor vehicles or pedestrians. [2]
- Of those incidents, there were 21 deaths and 30 serious injuries. [2]
Contact Our Chicago Train Accident Attorneys Today!
If you or someone you know has been involved in a train accident in Chicago, it’s crucial to act promptly and speak with an attorney who has experience in train accidents and related practice areas.
The attorneys at Rosenfeld Injury Lawyers can provide the experienced legal representation needed. Whether you were injured at work, as one of the passengers, or have suffered the effects of a train crash nearby, you may be able to seek legal recourse.
For immediate help with your accident case, reach out to us online or call us directly at (888) 424-5757 today. We will work tirelessly to get our clients everything they deserve.
Our downtown 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.
Rosenfeld Injury Lawyers
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.
Resources: [1] Injury Facts, [2] ICC