Justia Badge
Illinois State Bar Association Badge
Million Dollar Advocates Forum Badge
Super Lawyers Badge
BBB Badge
Avvo Raiting
$6.1 Million Cerebral Palsy
$5.0 Million Brain Injury
$4.2 Million Anesthesia Error
$4 Million Sexual Abuse
$3.6 Million Surgical Error
$3.0 Million Pedestrian Accident

Does it Matter Where the Train Accident Occurred?

Does It Matter Where The Train Accident Occurred? Yes, it matters where the train accident occurred because that can imply who was responsible for the incident and what obligations the defendant had prior to the event.

Why Does It Matter Where My Train Accident Happened?

It does make a difference where your train accident happened for a couple different reasons. First of all, the railroad company might try and say that you were trespassing. In Illinois, landowners only owe trespassers the duty not to willfully or wantonly endanger them unless the area is frequently trespassed on or a place of danger. In that case, they owe trespassers the duty of reasonable and ordinary care. Of course, many areas on railroad property fall into both of these exceptions so the company will not be let off the hook. On the other hand, often times railroad defendants will turn around and use evidence of your trespass to argue that you were contributory negligent and, in which case, your recovery should be substantially reduced or completely eliminated. Without careful legal skill and attention, your case might evaporate before it truly begins because of this defense.

Back to the Top

Does The Location Of A Station Determine Its Duties?

The other reason why location matters is that different places along a railroad have different requirements. Crossing stations in busy towns have statutorily required signals, spaces, and other devices to protect pedestrians and vehicles. Secluded sections of track off in desolate areas will not carry these same burdens. Therefore, your argument for why and how the train company was deficient must adapt to the circumstances of the case.

Back to the Top

How Will I Know If The Train Company Was Responsible For My Injuries?

The key to focus on when determining if the train company was responsible for your injuries is duty. What duty did the railroad or train company owe you? The duty of safe passage? The duty of a safe environment? The duty of guarding from injury? Train companies owe you a variety of duties based on their roles as common carriers, railroad operators, and station owners. However, just because you were injured near one doesn't mean that they are responsible for your harms. They will only be responsible if their failure to live up to a duty they owed you caused your injuries.

Back to the Top

Have More Questions About Illinois Train Accidents?

If you still have questions about your train accident, then call the Rosenfeld Injury Lawyers LLC. We can show what recovery options may exist and what you need to do to obtain them. Don't delay. Start down the path to recovery today with the Rosenfeld Injury Lawyers LLC!

For additional information see the following pages:

For More Information

For more information about , please contact Rosenfeld Injury Lawyers LLC today by calling 888-424-5757. Talk to a lawyer now. Free consultation.

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
Contact Us for a Free Consultation (888) 424-5757
Chicago Office Map