Train Accident
Train Accident Attorney Orland Park | Greater Chicago
Train accidents, while less common than automobile collisions, can often lead to serious injuries and fatalities due to the large size and high speed of trains. These incidents can leave victims with long-term consequences, including spinal injuries, brain injuries, burns, and even death. If you or a loved one has been injured in a train accident, seeking legal advice is essential to protect your rights and obtain fair compensation.
At Michael J. Brennan’s law firm, our attorneys have extensive experience handling complex transportation-related injury claims, including cases involving railroad companies like Metra and Amtrak. Our team has recovered significant amounts of money for clients in Chicago and surrounding areas and is prepared to handle the unique legal issues associated with train accident cases.
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Common Types of Train Accidents
Train-related accidents can occur in various forms, each with its own unique set of dangers:
- Passenger Train Derailments: These high-profile incidents often make headlines due to the widespread impact they have on commuters.
- Collisions with vehicles or other trains: Crossings without proper signals or barriers pose significant risks to motorists and pedestrians.
- Accidents at railroad crossings: Faulty warning systems or obstructed views can contribute to collisions.
- Pedestrian/Train incidents: Carelessness near tracks or inadequate safety measures can lead to tragic outcomes.
- Freight train accidents involving hazardous materials: Spills or explosions from cargo, such as chemicals or flammable substances, endanger lives and the environment.
Causes of Train Accidents
Understanding the causes of accidents is crucial for determining liability. Human error, such as conductor fatigue or distracted operation, plays a significant role in many incidents. Mechanical failure, including worn-out brakes or malfunctioning signals, is also a common cause. Signal malfunctions, outdated equipment, and poor communication between dispatchers and operators can further increase risks. Unsafe crossing points and poor maintenance of tracks can lead to derailments and collisions. Weather-related factors, like heavy rain, snow, or ice, can worsen existing vulnerabilities in the rail system.
Who May Be Liable in a Train Accident?
Liability in train accidents can vary depending on the circumstances, but often involves multiple parties. Railroads such as Metra and Amtrak are often responsible if negligence was a factor in the accident. Government agencies or transit authorities that oversee rail operations may also be held accountable if there were regulatory failures.
Manufacturers of train equipment could also face liability if faulty parts or poorly designed components were involved in the incident. Third-party contractors responsible for maintenance may also share blame if substandard work caused the accident. In cases of crossing accidents, drivers who ignore warning signs or attempt to pass trains may also be responsible.
Injuries and Damages in Train Accident Cases
Train accidents often cause severe injuries, including:
- Spinal cord damage leading to paralysis
- Traumatic brain injuries (TBIs)
- Broken bones and amputations
- Burns from fires or hazardous material exposure
- Fatalities resulting in wrongful death claims
Victims may recover damages for:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Wrongful death compensation for surviving family members
According to the Federal Railroad Administration, there were more than 2,000 train-related injuries in 2022. This underscores the need for better accountability and reform in the industry.
Legal Process and What to Expect
Navigating a train accident claim requires several stages. It is essential to conduct an early investigation and preserve evidence, as data from flight recorders, surveillance footage, and eyewitness accounts can be crucial in building a strong case. When making claims against rail operators or public entities, it is necessary to pay close attention to details, as specific rules apply when filing lawsuits against government agencies.
In Illinois, there is a two-year limitation period for personal injury claims and only one year for legal actions against public transportation authorities. This makes it important to act promptly in order to maximize compensation. A skilled attorney can ensure adherence to regulations and help construct a strong case, which will help maximize compensation.
Train Accident Litigation
Illinois is among the top states in terms of rail traffic, making it vulnerable to train accidents. The Federal Railroad Safety Act (FRSA) sets national standards for rail safety, while the Federal Employers’ Liability Act (FELA) protects railroad workers who are injured on the job. The Illinois Department of Transportation oversees state regulations for local rail operations, which are vital for understanding these frameworks. Regulatory oversight is provided by agencies such as the FRA and NTSB, who provide valuable resources for both victims and attorneys.
Injured in a Train Accident? Get the Legal Support You Deserve.
Train accidents can cause devastating injuries and have life-altering consequences. If you or someone you love has been involved in a train accident, the Orland Park attorney Michael J. Brennan can help you seek justice.
Michael has years of experience handling personal injury cases and takes a strategic and compassionate approach to ensure victims and their families get the guidance, support, and compensation they deserve. He understands that each case is unique and works hard to find the best solution for each client.
If you need help, contact us today to schedule a free consultation with one of our experienced Orland Park train accident attorneys. We will help you move forward with strength and clarity, so you can focus on healing and rebuilding your life.