Chicago Train Accident Guide
Why Choose Midwest Injury Lawyers for Your Chicago Train Accident Claim?
Should I Accept a Settlement Offer from the Insurance Company?
What Compensation is Available to Train Accident Victims?
How Common are Train Accidents in Chicago?
Who May You Hold Liable in a Train Accident?
Why Choose Midwest Injury Lawyers for Your Chicago Train Accident Claim?
Two seasoned Chicago personal injury lawyers founded Midwest Injury Lawyers with a driving mission to help injured accident victims and their families seek justice and the compensation they deserve. Through the years, we have become one of Chicago’s leading personal injury law firms by providing assertive and effective representation for our clients.
Our track record speaks for itself. We have recovered tens of millions of dollars for our clients when they need help the most. Our peers consistently rank us among the country’s top 5% of personal injury lawyers.
You can count on us when you need us. We promise to do all we can to help you recover the maximum compensation possible.
Should I Accept a Settlement Offer from the Insurance Company?
If you or a loved one suffered injuries in a train accident, you are likely facing a long road to recovery paved with extensive medical treatment and mounting medical bills. Your stress may worsen if you cannot work during your recovery.
An offer from an insurance company may seem like a lifeline. But before you accept their offer, consult a lawyer. You may deserve more compensation than you think.
Insurance companies want to settle claims quickly before you understand the full extent of your damages. A lawyer can assess your injuries and determine a more accurate value for your claim. If you retain their services, they will negotiate with the insurance company to ensure you receive the compensation you deserve.
Otherwise, if you accept an offer without discussing your case with an attorney, you may waive your right to seek more financial support if your injuries require more medical attention than anticipated or you cannot return to work as planned.
What Compensation is Available to Train Accident Victims?
Compensation available to train accident victims can vary based on the nature and severity of injuries and the circumstances of the accident.
Your lawyer will consider all damages you may claim, including:
- Medical Expenses: Victims of train accidents may be entitled to compensation for medical expenses, including hospital bills, surgeries, medications, rehabilitation, and ongoing medical care related to the injuries sustained.
- Lost Earnings: If the victim cannot work due to injuries sustained in the train accident, compensation may be available for lost wages. This can include current lost income as well as future earning capacity if the injuries result in long-term or permanent disability.
- Pain and Suffering: Victims may be eligible for compensation for physical pain and emotional suffering resulting from the train accident. This subjective compensation can vary based on the severity and impact of the injuries on the victim’s life.
- Property Damage: If the train accident damages the victim’s personal property, such as a vehicle, they may recover compensation for the cost of repairs or the fair market value of the property.
- Wrongful Death Damages: In cases where a train accident results in the death of a person, their surviving family members may recover wrongful death damages. This can include compensation for funeral expenses, loss of financial support, and emotional distress.
How Common are Train Accidents in Chicago?
According to the National Safety Council, train crashes injured 6,252 people last year — a 6 percent increase over the previous year. A total of 954 people were killed in train accidents, representing an 11 percent increase from the year prior.
The Chicago Transit Authority (CTA) is the nation’s second-largest public transportation system, with eight L train lines. Nearly 30 percent of commuters in the city primarily rely on public transit. The last six years saw 252 train collisions at public, private, and pedestrian crossings across Cook County.
Causes of Train Accidents
Train accidents can vary widely in terms of their severity and danger. The danger associated with a train accident depends on various factors, including the type of accident, the speed of the train, the number of cars involved, the cargo transported, and the location of the incident.
Here are some common types of train accidents and their potential dangers:
Derailments
When a train comes off its tracks, it can lead to dangerous accidents, especially in high-speed derailments or those involving hazardous materials.
Collisions
Whether head-on or at an angle, train collisions can result in significant damage to the trains and pose a risk to passengers and nearby communities.
Hazardous Materials Spills
If a train transports hazardous materials, a derailment or collision can lead to spills or leaks, posing environmental and health risks. These materials could burn, explode, poison, or otherwise endanger nearby residents.
Bridge or Tunnel Failures
Structural failures of bridges or tunnels can lead to catastrophic accidents, especially if the train is traveling over water or through a densely populated area.
Human Factors
Human errors, such as signaling mistakes or operator errors, can contribute to accidents. The severity depends on the nature of the error and the circumstances.
Passenger Train Accidents
Accidents involving passenger trains can be particularly concerning due to the potential for passenger injuries or fatalities.
Who May You Hold Liable in a Train Accident?
A train accident can involve multiple parties that you may hold liable for any resulting injuries:
Railroad Companies
You may hold the company that owns and operates the railroad infrastructure liable for accidents caused by issues such as poor maintenance of tracks, signaling malfunctions, or other infrastructure failures.
Train Operators
If the accident is a result of human error, such as a train operator’s negligence, you may hold the operator personally liable. This includes situations where the operator fails to follow safety procedures, misinterprets signals, or engages in reckless behavior.
Manufacturers
If a train accident is caused by a defect in the train’s equipment or components, you may hold the manufacturer of those parts liable. This can include issues with braking systems, engines, or other critical components.
Maintenance Contractors
If a third-party company is responsible for maintaining the railroad tracks, signals, or other infrastructure, you may hold them liable if inadequate maintenance contributes to an accident.
Government Entities
In some cases, you may hold government agencies responsible for overseeing and regulating railroads liable if their negligence or failure to enforce safety regulations contributes to an accident.
Other Drivers or Pedestrians
If the accident involves a collision with a vehicle at a railroad crossing or a pedestrian on the tracks, you may hold the driver or pedestrian liable if their actions contributed to the accident.
Cargo Owners
If the train transported hazardous materials and a spill or leak occurred, you may hold the owner of the cargo liable, especially if improper labeling or packaging contributed to the incident.
How Can a Lawyer Help With My Train Accident Claim?
A lawyer can help in several ways when pursuing a train accident claim.
Here are some ways in which a lawyer with Midwest Injury Lawyers can assist you:
Legal Advice
Our personal injury lawyers understand the legal principles and regulations related to accidents and injuries. They can assess the specific circumstances of your train accident, determine liability, and guide you through the legal process.
Investigation and Gathering Evidence
Your lawyer can conduct a thorough investigation into the train accident, collecting relevant evidence to support your claim. This may involve obtaining accident reports, analyzing maintenance records, interviewing witnesses, and consulting experts in railroad operations.
Determining Liability
Your lawyer can identify all potentially responsible parties, whether it’s the railroad company, train operator, manufacturer, or others.
Navigating Complex Legal Processes
Train accident claims often involve complex legal procedures and regulations. Your lawyer can help you navigate these processes, meeting all deadlines, filing the necessary paperwork, and adhering to legal requirements.
Calculating Damages
You must determine the full extent of your damages to obtain fair compensation. Your lawyer can assess and calculate damages, considering medical expenses, lost earnings, property damage, pain and suffering, and other relevant factors.
Negotiating with Insurance Companies
Insurance companies may try to settle claims quickly and for less than their full value. Your lawyer can handle negotiations on your behalf, working to secure a fair settlement that adequately covers your losses.
Litigation Representation
If negotiations fail to reach a fair settlement, your lawyer can represent you in court. They will file the necessary legal documents, present your case, cross-examine witnesses, and argue on your behalf during trial.
Access to Experts
Our lawyers have access to a network of experts, including accident reconstruction specialists, medical professionals, and economists, who can provide expert opinions to strengthen your case.
Protecting Your Rights
Your lawyer can protect your rights throughout the legal process. They can advise you on what to say or not say to insurance adjusters and other parties, protecting you from potential pitfalls.
Peace of Mind
Having a lawyer on your side allows you to focus on your recovery while they handle the stressful legal aspects of your case.
Contact a Chicago Train Accident Lawyer Today
If you or a loved one suffered due to a train accident in Chicago, you deserve justice and fair compensation. Such incidents can overwhelm you, but you don’t have to face it alone.
The team of experienced Chicago train accident lawyers at Midwest Injury Lawyers is here to guide you through the legal process and fight for your rights. We can hold negligent parties accountable and secure the compensation you need for medical bills, lost earnings, and pain and suffering.
Contact us today at (312) 786-5881 or through our online form for your free consultation.
Midwest Injury Lawyers – Chicago Office
155 N Wacker Dr. Suite 4250
Chicago, IL 60606
P: (312) 786-5881
Request a Free Consultation
Tell our experienced team about your accident and/or injuries. One of our personal injury attorneys will contact you to schedule a free case evaluation. Remember: you won’t pay for anything unless we secure a compensation on your behalf.
Call (312) 786-5881 or send us a message online to get started.