CHICAGO Metra/Train Accident ATTORNEYS

The Metra commuter rail agency serves over 100 communities throughout Illinois. In addition to the light rail system, there are other types of trains that run through the state, as well, such as Amtrak and the CTA ‘L rail system. Unfortunately, these vehicles are not immune to becoming involved in a number of different types of accidents. Due to the fact that trains are so large and heavy, the damage afterwards is much more severe. If you have been hurt, our team of experienced attorneys can help you through the claims process so you obtain the full settlement you are entitled to. 

Common Injuries Sustained in Train Accidents 

When a train accident occurs, even a seemingly minor collision can result in major damage due to the massive size and weight of a train. Some of the most common injuries sustained are as follows: 

• Whiplash: Trains travel at a greater speed than other vehicles. When they suddenly stop, whether due to sudden braking or during a crash, accident victims can sustain a whiplash injury. 
• Broken bones: There are a number of ways bones can become broken during a train accident. These injuries often require a number of invasive surgeries to correct. 
• Internal organ damage: Train accidents can cause crushing injuries, which can result in serious internal damage to the organs. Ruptured spleens, internal bleeding, punctured lungs, and perforated organs are just a few examples of internal organ damage. 
• Traumatic brain injuries: There is no such thing as a minor brain injury. Traumatic brain injuries, such as concussions, can result in mobility issues, loss of motor skills, and memory loss. 
• Spinal cord injuries: A serious train crash can result in serious spinal cord damage, leaving accident victims with temporary or permanent injuries. These injuries can result in a significant loss of physical strength, loss of feeling in certain body parts or the entire body, and loss of bladder control. 
• Psychological damage: Not all of the injuries sustained during a train crash are physical. These events are extremely traumatic and so, victims can suffer from serious psychological injuries for a significant period of time afterward. 

Common Causes of Metra/Train Accidents 

Metra and train accidents are caused by a number of different factors. The most common of these include: 

• Human error: Inexperienced conductors can easily cause a train accident. Even when someone has been working in the rail industry for a long time, they can still suffer from fatigue, particularly when they are taking long trips. Tired conductors and crew members may not be able to operate a train and its systems properly, which can cause a crash. Vision issues, poor judgment, and impaired reactions are all also forms of human error that can cause a train crash. 
• Reckless drivers and pedestrians: Train operators and companies are not always to blame for accidents. Distracted and reckless drivers and pedestrians can cause a crash by crossing or standing on the tracks at the wrong time. In some cases, drivers may be trying to beat a train while crossing the tracks, which can result in a serious crash. 
• Mechanical failure: Even when all safety precautions are followed, a mechanical failure or faulty part can cause a train accident. Trains have many moving parts and many complex systems. A problem with any one of these is a very serious matter. 
• Faulty tracks: It is not only trains that can be defective and faulty. If tracks are faulty, or there are foreign objects left on them, this can also cause a crash. 

• Speeding trains: Any time a vehicle travels too fast, it can result in a crash. When trains speed, they can not only cause a crash, but the resulting damage will also be much more severe. 
• Unprotected railroad crossings: Railroad crossings help train passengers, and others, from avoiding serious injuries. When railroad crossings are unprotected, it can result in serious injuries. Malfunctioning signals, obstacles that block the view of drivers, and alarm failures are just a few ways in which railroad crossings may be unprotected. 

How Victims Can Recover Compensation for Their Injuries 

Any time another person’s or entity’s negligence causes a train accident, they can be held liable for any resulting injuries. Passengers and other private citizens will have to prove that someone else was negligent and caused their injuries. This requires a thorough investigation and the collection of evidence to prove an accident victim’s case. Railroad employees who are hurt during a crash cannot always file a workers’ compensation claim like other employees in the state can. Instead, these individuals must file a Federal Employers Liability Act (FELA) claim instead. A lawyer can advise on which type of claim to file so you obtain the full damages you deserve. 

How Metra/Train Accidents Differ from Other Personal Injury Claims 

Due to the fact that train accident claims involve injuries, and that they rest on negligence, it is easy to assume that these cases are similar to other personal injury claims. Unfortunately, they are not. They are far more complex. 

One factor that complicates train accident claims is that more than one person may be at fault. For example, a conductor may act negligently, but there may also be a faulty condition on the tracks. Or, a negligent driver may stop on the tracks but a conductor may not realize it in time. In these cases, more than one party is at fault and so, it makes it more difficult to determine liability. 

Another complicating factor in train accident claims is that the injuries are much more severe than in other personal injury claims. This means it will take victims longer to reach maximum medical improvement so they can submit their claim, and insurance companies are much more likely to be reluctant in paying the high amount of damages victims deserve. 

Lastly, many rail systems such as Amtrak, Metra, and the CTA, are owned by the government. Claims against the government have very different rules than other types of personal injury claims, including shorter time limits. 

Train Accident Statistics 

There are some alarming train accident statistics that show just how dangerous these crashes are. Some of the most surprising stats are as follows: 

• It is estimated that trains kill one person every 100 minutes. Annually, almost 1,000 people are killed in accidents related to trains. 

• Over half of all railroad accidents happen at unprotected crossings. 
• More than 80 percent of railroad crossings lack sufficient warning devices such as arms and lights. 
• When a vehicle collides with a train, its occupants are 40 times more likely to be killed than if they had crashed with a vehicle of a similar size.  
• Every two weeks a train carrying dangerous material derails in the United States. 

Our Train Accident Attorneys in Chicago Can Help You Obtain a Fair Settlement 

The aftermath of a train accident is extremely complex. At Kennedy Watkins, our Chicago train accident attorneys can help you make sense of it so you can obtain the fair settlement you deserve. We are available 24 hours a day, 7 days a week, and will travel to wherever you are in the state to meet with you. Call us now at (312) 448-8181 or contact us online to schedule a free consultation and to get more information. 

FAQ

About Train Accidents

What are the Laws for Trains Approaching a Railroad Crossing?

Train companies have a legal duty to provide passengers with the highest standard of care. As they approach railroad crossings, they must make sure they can control the vehicle, that they maintain proper lookouts, and they must ensure that passengers are secured in their compartments. 

What Damages are Available in Train Accident Claims?

If you have been hurt in a train accident, you can file a legal claim for damages. These damages are meant to compensate you for your injuries and losses and restore you to the same physical and mental condition you were in prior to the crash. As such, you can obtain damages for your: 

• Medical expenses, including hospitalization, surgeries, physical therapy, medications, and more 
• Lost wages, bonuses, and other employment benefits 
• Pain and suffering 
• Property damage 
• Loss of consortium, if you cannot maintain a familial relationship with your loved ones 

When a train accident results in a death, family members can file a wrongful death claim. These claims compensate relatives for their own losses due to the death, such as loss of companionship and loss of future earnings. The deceased’s estate can also file a survival claim, which provides compensation the deceased could have been awarded if they survived the accident. 

How Long Do I Have to File a Train Accident Claim?

Like other personal injury claims, those involving train accidents are governed by a statute of limitations, or a time limit. Generally speaking, you have two years from the date of the accident to file a claim. If you do not file within this time, you will likely forfeit your right to obtain any compensation at all. In some cases, you may not even have two years to file your claim. If you are filing a claim against the government, for example, you may only have one year to pursue damages.