- Common law negligence
- Illinois pattern jury instructions
- Illinois case law
- Illinois regulatory and administrative rules
- Illinois workers’ compensation commission rules and decisions
How Are Most Train Accident Lawsuits Brought?
Regardless of whom you bring your train accident case against, it will most likely be one for negligence. In this kind of lawsuit, the basic premise is that the defendant failed to act as a reasonable person would have in the circumstances. Procedurally, you must allege and prove that he or she breached a legal duty owed to you and that that breach caused you damages. Dinkins v. Ebbersten, 234 Ill. App. 3d 978, 983
(4th Dist. 1992); Illinois Pattern Jury Instructions Civil 21.02. Examples of negligent conduct in railroad accidents include station owners failing to provide warning lights for oncoming trains, train conductors working while intoxicated, or other drivers crashing into the train on which you were a passenger.
Do Train Operators And Railway Conducts Have Extra Duties?
The story does not stop there, however, because train companies owe you more than the duty to act reasonably. Train companies are considered common carriers because they transport people for profit. As such, they owe every passenger the highest care possible in the circumstances until the end of the trip. This duty includes the obligation to protect them from all foreseeable dangers that only arose because of the passage in the first place. The rationale for this is that passengers relinquished the ability to defend themselves once they boarded the train. Finally, this does not give plaintiffs the right to act whatever way they want because any contributory negligence will be counted against them at trial and will reduce or erase their award.
Should I Bring A Lawsuit Or A Workers’ Compensation Claim?
If you are an employee at the time of your train accident, then you might have the opportunity to bring a workers’ compensation claim with the Illinois Workers’ Compensation Commission. Generally, for injured workers, Illinois law forces you to bring a claim with that body instead of a lawsuit in court for various reasons. There are some exceptions but you probably won’t be able to sue. To understand when you can sue, and the ramifications of not being able to sue, speak with a qualified attorney today. They can explain the advantages and disadvantages of both as well as the procedural requirements of seeking recovery through each system.
Want To Know More About The Laws Of Train Accidents In Illinois?
Rosenfeld Injury Lawyers has worked on all different kinds of personal injury lawsuits including those for train accidents. We can help you understand how the laws and cases of Illinois affect your chances at recovery. Plus, we can even help you get that recovery on contingency so that you don’t have to worry about the expense of trial until it’s over. Just give us a call today to get the ball rolling. Someone from the Rosenfeld Injury Lawyers can begin your case immediately.
If you would like to learn more about train accidents in Illinois, please read the following pages: