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Train Accident Lawyer

Unfortunately, train accidents happen at any time and can affect anyone on board, at the railroad crossing, or in the neighboring community.

At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for train accident victims seeking justice and financial compensation to recoup their damages.

Our legal team can fight on your behalf while you focus on healing to recover and move forward after the catastrophic event completely.

Call a public transportation accident lawyer at (888) 424-5757 (toll-free phone number) or use the contact form today for legal advice and schedule a free consultation. All confidential or sensitive information you share with our Chicago train accident lawyers remains private through an attorney-client relationship.

Train Accident Lawyer

Train Accident Victims

Trains are one of the safest forms of transportation, but they can still be dangerous. Train accidents can cripple entire communities and leave people with injuries that never heal properly.

These disasters are an unfortunate reality of our society today. Every year, more than 1 million people are injured in car crashes and dozens of fatal car wrecks every day across America alone.

According to the Federal Railroad Administration, in 2019, there were 269 train fatalities, 944 injuries, and more than $99 million in damages caused by railroad accidents.

Rail Accident Statistics

According to the following statistics, released by the Federal Railroad Administration (FRA), in 2017, there were 2,059 accidents on railway tracks across America. Furthermore, that same year one person died, and 141 people suffered injuries due to these incidents.

The National Transportation Safety Board reports that the largest percentage of train-related deaths were caused by people trespassing and being struck by trains while walking down the tracks. Almost half of all trespassing deaths occurred on train tracks, followed by railroad crossings and walkways.

Train accidents can be especially devastating to the people involved because they are so unpredictable. However, according to the FRA, only 29 train accident cases specifically happened at railroad grade crossings in 2017.

This statistic is an extremely small number of incidents compared to all other accidents on railroad tracks each year. But, of course, these railroad crossings are the most common places where people get struck by trains and killed.

Train Accident Injuries

Train crashes have caused hundreds of thousands of injuries and fatalities. Nearly half of all injuries from a train accident resulted from someone getting hit by a train.

Out of all injuries resulting from these accidents in 2017, nearly 99 percent were considered non-fatalities. Train collisions are extremely dangerous, especially if the trains are traveling at high speeds when they crash.

According to the FRA, there were 1,241 train accidents between freight and passenger trains in 2017 alone.

The Statute of Limitations for Filing a Train Accident Claim

The statute of limitations is the time period in which you are allowed to file a lawsuit. In Illinois, the statute of limitations for train accident claims is two years. This means that you must file your lawsuit within two years of the date of the accident.

Anyone who has been injured in a train accident can file a lawsuit. You do not need to be a passenger on the train or a railroad worker to file a claim.

Railroad Accident Lawsuits

Most train accidents are caused by human error. More specifically, people getting killed or injured in these crashes are usually the result of trespassers on the tracks or drivers driving through a railroad crossing when it's not safe to do so.

Although humans cause most train accidents, mechanical failures can also play a part in these incidents. For example, a train could become derailed if the tracks are old or don't have proper maintenance done to them consistently.

It's not always easy to prove that the railroad was at fault for a crash because of their negligence, but it can help your train accident case if you were injured by one of their freight or Amtrak trains.

If you believe that faulty train crossing signals caused the train derailment, you should hire an attorney to investigate.

Train Accident Lawyers

Train Crash Settlements

Should your accident leave you with a temporary or permanent injury, you might try negotiating with the rail company.

Train employees injured on the job can file FELA claims through the Federal Employers Liability Act if they can show employer negligence, especially if there were serious injuries involved. These typically multi-million dollar settlements are tax-free and could help pay for all your medical expenses.

Should they file for Chapter 7 bankruptcy, they won't have to pay anything even if you win your case.

Recent settlements include:

May 2017, a TSA worker at O'Hare International Airport injured in a CTA (Chicago Transit Authority) Blue Line derailment agreed to a $6.5 million settlement. Her injuries were so severe that she required around-the-clock care and could no longer work.

  • In December 2021, an elderly man was struck and killed in an Amtrak accident during the noon hour when his vehicle obstructed the tracks at a rail crossing in Haverhill, Massachusetts. The train heading out of New York City was heading toward Brunswick, Maine when the fatal crash occurred.
  • In February 2017, a Metrolink commuter train conductor who lost his leg in a head-Bone crash reached a $5.5 million settlement with Union Pacific Railroad.
  • In May 2016, a woman who was hit by a train and lost both of her legs settled with CSX Transportation for an undisclosed amount.
  • In 2019 An Amtrak train traveling from New York City derailed leaving passengers injured while heading south to Miami. The collision with a freight train traveling through South Carolina claimed the lives of two people and injured more than 100 more as thousands of gallons of diesel fuel were spilled at the accident scene. Settlements for this accident have not yet been reached.
  • In January 2018, a garbage truck stuck on the railroad tracks collided with an Amtrak train traveling southbound from Washington D.C. into Virginia. The Amtrak accident claimed one life and injured six more.
  • In 2013, a Metro-North train involved in a collision in The Bronx, New York City, was traveling 82 mph while taking a tight curve. The fatal crash resulted in three fatalities and over 100 injuries.

Although it's difficult to say with certainty, the recent input would suggest that many fatal Amtrak accidents occur when any of these factors are present:

  • High speeds
  • Human mistake
  • Trespassers on tracks
  • Mechanical failures

Filing FELA Claims: The Railroad Employees Workers' Compensation Program

The Federal Employers' Liability Act, or FELA, is a law that provides benefits to railroad employees who are injured on the job. Applicants could include workers who are injured in a train collision, as well as those who suffer from an illness caused by their work.

To be eligible for benefits under FELA, you must be employed by a railroad company and meet certain other requirements. You must also file a claim within three years of the date of the injury or illness.

Federally Regulated Workers' Comp for Rail Workers

Workers' compensation is a state-regulated program that provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death benefits.

FELA is a federal law that provides similar benefits to workers' compensation for railroad employees who are injured on the job. However, there are some important differences between FELA and workers' compensation.

For example, workers' compensation is available to all employees in most states, while FELA is only available to railroad employees. FELA rules are also more relaxed than workers' compensation, making it easier for employees to receive much-needed health and financial benefits.

If you are injured in a train crash, you may be able to file a claim under both FELA and workers' compensation. It is important to speak with an experienced lawyer to determine which program is best for you.

Train Accident Lawyer

If you're interested in learning more about your options and how much your case could be worth, then you should talk to a personal injury lawyer near you. A railroad injury lawyer will review your case and tell you if it's worth taking to court or another way of getting the compensation you deserve.

You're not alone if this happens to you because there's always someone here to help. Contact an experienced attorney today for more information.

Let's discuss how our Chicago train accident attorneys can help successfully resolve your case against the operators of the Amtrak train or other railroad companies!

Chicago Train Accidents

Train accidents in Illinois are often the most dangerous and violent kind of transportation crash any individual can survive. Often, railroad accidents injuring commuters and railroad workers involve passenger and freight trains, local commuter trains (such as METRA or CTA), locomotives, and subway systems.

The excessive speed, faster than the posted speed limit, and lack of seat belts on the train can cause catastrophic harm and wrongful death to train passengers, along with other motorists, innocent bystanders, and pedestrians.

The railroad system in the Chicago area serves as a strategic component for moving goods and people. However, human error and mechanical failure can lead to significant injury and death when crashes occur like all modes of transportation. A train crash can kill dozens or hundreds in one catastrophic event.

Because of state and federal government agencies, there are different laws for filing for financial compensation if the injury or damage you suffered from a local commuter or a national common carrier railroad system.

In addition, railroad workers injured in a train crash must file for financial compensation through different means than passengers or motorists.

Common Train Accidents

For every train jumping the track at high speeds that makes national headlines, dozens of more train accidents do not make the news.

The most common train accidents involve:

  • Freight and passenger trains colliding with other trains
  • Derailments caused by hitting objects, faulty mechanical parts, or traveling across defective tracks
  • Excessive speeding
  • Failure when train engineers fail to follow railroad safety
  • Trains colliding with automotive vehicles, commercial trucks, and motorcycles
  • Trains hitting pedestrians

Federal and state laws governing a train crash can be extremely complicated. Often, it takes an experienced rail injury lawyer to properly investigate the crash to determine all responsible parties that can be held liable for negligence.

Liability might involve the rail company, Amtrak train operator, the engineer, conductor, locomotive designer, rail car manufacturer, or others.

Train Accident Attorney

Train Crash Settlements

Should your accident leave you with a temporary or permanent injury, you might try negotiating with the rail company.

Train employees injured on the job can file FELA claims through the Federal Employers Liability Act if they can show employer negligence, especially if there were serious injuries involved. These typically multi-million dollar settlements are tax-free and could help pay for all your medical expenses.

Should they file for Chapter 7 bankruptcy, they won't have to pay anything even if you win your case.

Recent settlements include:

May 2017, a TSA worker at O'Hare International Airport injured in a CTA (Chicago Transit Authority) Blue Line derailment agreed to a $6.5 million settlement. Her injuries were so severe that she required around-the-clock care and could no longer work.

  • In December 2021, an elderly man was struck and killed in an Amtrak accident during the noon hour when his vehicle obstructed the tracks at a rail crossing in Haverhill, Massachusetts. The train heading out of New York City was heading toward Brunswick, Maine when the fatal crash occurred.
  • In February 2017, a Metrolink commuter train conductor who lost his leg in a head-Bone crash reached a $5.5 million settlement with Union Pacific Railroad.
  • In May 2016, a woman who was hit by a train and lost both of her legs settled with CSX Transportation for an undisclosed amount.
  • In 2019 An Amtrak train traveling from New York City derailed leaving passengers injured while heading south to Miami. The collision with a freight train traveling through South Carolina claimed the lives of two people and injured more than 100 more as thousands of gallons of diesel fuel were spilled at the accident scene. Settlements for this accident have not yet been reached.
  • In January 2018, a garbage truck stuck on the railroad tracks collided with an Amtrak train traveling southbound from Washington D.C. into Virginia. The Amtrak accident claimed one life and injured six more.
  • In 2013, a Metro-North train involved in a collision in The Bronx, New York City, was traveling 82 mph while taking a tight curve. The fatal crash resulted in three fatalities and over 100 injuries.

Although it's difficult to say with certainty, the recent input would suggest that many fatal Amtrak accidents occur when any of these factors are present:

  • High speeds
  • Human mistake
  • Trespassers on tracks
  • Mechanical failures

Filing FELA Claims: The Railroad Employees Workers' Compensation Program

The Federal Employers' Liability Act, or FELA, is a law that provides benefits to railroad employees who are injured on the job. Applicants could include workers who are injured in a train collision, as well as those who suffer from an illness caused by their work.

To be eligible for benefits under FELA, you must be employed by a railroad company and meet certain other requirements. You must also file a claim within three years of the date of the injury or illness.

Federally Regulated Workers' Comp for Rail Workers

Workers' compensation is a state-regulated program that provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death benefits.

FELA is a federal law that provides similar benefits to workers' compensation for railroad employees who are injured on the job. However, there are some important differences between FELA and workers' compensation.

For example, workers' compensation is available to all employees in most states, while FELA is only available to railroad employees. FELA rules are also more relaxed than workers' compensation, making it easier for employees to receive much-needed health and financial benefits.

If you are injured in a train crash, you may be able to file a claim under both FELA and workers' compensation. It is important to speak with an experienced lawyer to determine which program is best for you.

Train Accident Lawyer

If you're interested in learning more about your options and how much your case could be worth, then you should talk to a personal injury lawyer near you. A railroad injury lawyer will review your case and tell you if it's worth taking to court or another way of getting the compensation you deserve.

You're not alone if this happens to you because there's always someone here to help. Contact an experienced attorney today for more information.

Let's discuss how our Chicago train accident attorneys can help successfully resolve your case against the operators of the Amtrak train or other railroad companies!

Chicago Train Accidents

Train accidents in Illinois are often the most dangerous and violent kind of transportation crash any individual can survive. Often, railroad accidents injuring commuters and railroad workers involve passenger and freight trains, local commuter trains (such as METRA or CTA), locomotives, and subway systems.

The excessive speed, faster than the posted speed limit, and lack of seat belts on the train can cause catastrophic harm and wrongful death to train passengers, along with other motorists, innocent bystanders, and pedestrians.

The railroad system in the Chicago area serves as a strategic component for moving goods and people. However, human error and mechanical failure can lead to significant injury and death when crashes occur like all modes of transportation. A train crash can kill dozens or hundreds in one catastrophic event.

Because of state and federal government agencies, there are different laws for filing for financial compensation if the injury or damage you suffered from a local commuter or a national common carrier railroad system.

In addition, railroad workers injured in a train crash must file for financial compensation through different means than passengers or motorists.

Common Train Accidents

For every train jumping the track at high speeds that makes national headlines, dozens of more train accidents do not make the news.

The most common train accidents involve:

  • Freight and passenger trains colliding with other trains
  • Derailments caused by hitting objects, faulty mechanical parts, or traveling across defective tracks
  • Excessive speeding
  • Failure when train engineers fail to follow railroad safety
  • Trains colliding with automotive vehicles, commercial trucks, and motorcycles
  • Trains hitting pedestrians

Federal and state laws governing a train crash can be extremely complicated. Often, it takes an experienced rail injury lawyer to properly investigate the crash to determine all responsible parties that can be held liable for negligence.

Liability might involve the rail company, Amtrak train operator, the engineer, conductor, locomotive designer, rail car manufacturer, or others.

Train Accident Law Firm

Railroad Accident FAQs

Our accident injury law firm understands that many families have unanswered questions about holding railroads and their insurance companies legally and financially accountable for accidents. A Chicago train accident lawyer has answered some questions below.

For additional information, contact a train accident attorney today at (888) 424-5757. We represent injured parties in railroad accident cases and other practice areas including car accidents, medical malpractice, product liability, and wrongful death.

Why are there so many train accidents?

There are numerous contributing factors to the recent increase in train derailments and crashes across the United States. These problems include train operator's negligence, improper training, poor maintenance, and aging rail tracks.

State and federal investigators have identified speeding on sharp curves and the aging rail system as leading contributing factors to many crashes. In addition, sleep apnea, fatigue, sleeping disorders, and other health conditions have also been attributed to train operator errors that led to train crashes.

Can you sue a railroad company?

You can file a train accident claim against railroad companies. The degree of the liability will determine the kind of financial recovery.

If someone you love dies as the result of a train collision, you may be able to file a wrongful death lawsuit. This type of lawsuit will seek damages from all negligent parties responsible for the death.

A wrongful death claim can provide financial compensation for medical expenses, funeral and burial costs, pain and suffering, and loss of income or support. In addition, who is or how many people are at fault for negligence and allowed this crash to occur will also factor into the damages awarded.

What are the measures taken for rail safety?

There are a variety of measures taken for rail safety. Federal Railroad Administration (FRA) has a number of regulations that railroads must comply with in order to ensure safety. These regulations include:

  • Train workers, engineers, and operators must be properly trained and certified
  • Locomotives and train equipment must be properly maintained
  • Signaling devices at railroad crossings must be properly installed and maintained
  • Defective train equipment and railroad cars must be recalled and repaired You can find more information on the FRA website.
  • Positive Train Control (PTC) is a safety system that is being installed by railroads across the United States. This system is designed to prevent train accidents caused by human mistakes.

Who pays for train crash injuries?

When motorists and passengers suffer damages in a train crash or railroad crossing collision, they are entitled to financial compensation from railroad companies, freight rail lines, and Amtrak train engineers. The federal government has established the Federal Rail Safety Act, determining who is liable for injured victims' injuries and damages in train accident litigation.

Typically, the insurance company providing coverage for railroad companies and common carriers will pay to resolve personal injury claims involving a commuter train accident, METRA train collision,  and collisions with motor vehicles at a railroad crossing.

What is the biggest cause of injury on the railway?

The biggest cause of injury on the railway is human mistakes, including failing to follow railroad safety requirements, defective equipment, or other miscellaneous causes. Other factors include:

  • Lack of experience
  • Operator distraction
  • Impaired judgment
  • Equipment failure
  • Failing to obey railroad crossing signals
  • Walking on the tracks
  • Trespassing on railway property.

What can a train accident attorney do for me?

If you've been involved in a train accident, contact our law firm at (888) 424-5757 for help. Our railroad injury lawyers can determine who is liable and ensure that your legal rights are protected.

Every injured railroad worker or passenger on an Amtrak train traveling in the United States who was hurt due to a failure to maintain railroad safety can file a civil lawsuit seeking damages, including medical attention and lost wages.

Is hiring Chicago train accident attorneys worth the cost to injured victims?

Statistics show that 95% of all serious injury claims, including train accident cases, are resolved through negotiated settlements between the plaintiff (injured party) and defendant (responsible party) attorneys.

Without legal representation, the injured passenger or train employee often receives a settlement far less than the actual value of their railroad injury case is worth.

Hiring Chicago Train Accident Lawyers to Prosecute an Accident Lawsuit

The personal injury lawyers at Rosenfeld Injury Lawyers LLC have successfully represented many victims of serious train accidents suffering injuries and death.

A railroad accident attorney can study the case's merits and provide legal assistance on proceeding with a claim or lawsuit to ensure you receive monetary compensation.

Contact our Chicago office today at (888) 424-5757 to schedule a free case evaluation to discuss your case, all legal costs, and how to obtain compensation from the company responsible for your damages to pay for lost income, hospitalization, and medical bills, pain, and suffering.

Resources:

Hiring Chicago Train Accident Lawyers to Prosecute an Accident Lawsuit

The personal injury lawyers at Rosenfeld Injury Lawyers LLC have successfully represented many victims of serious train accidents suffering injuries and death.

A railroad accident attorney can study the case's merits and provide legal assistance on proceeding with a claim or lawsuit to ensure you receive monetary compensation.

Contact our Chicago office today at (888) 424-5757 to schedule a free case evaluation to discuss your case, all legal costs, and how to obtain compensation from the company responsible for your damages to pay for lost income, hospitalization, and medical bills, pain, and suffering.

Resources:

Client Reviews
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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