If you have been involved in a train accident in Chicago, it is important to seek legal help from a personal injury lawyer as soon as possible. Train accidents can be complex, and the laws governing them are different from those for other types of accidents. Each experienced Chicago train accident lawyer on our personal injury legal team is familiar with these laws and will be able to help you navigate the legal process.
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What Laws Govern Train Accidents?
Because Illinois is a central hub for interstate rail, accidents often involve an intricate web of both Illinois and federal regulations.
Illinois Law
In Illinois, railroads are classified as common carriers. Under the Common Carrier Liability Act (740 ILCS 25/), they owe passengers the “highest degree of care” to ensure their safety.
Federal Oversight
Enforced by the Federal Railroad Administration (FRA), statutes like the Federal Railroad Safety Act (FRSA) require common carriers—including trains—to adhere to higher standards of care than non-commercial vehicle drivers.
Injured train company employees in Illinois are generally excluded from state workers’ compensation. Instead, their claims are governed by the Federal Employers’ Liability Act (FELA) under 45 U.S.C. § 51. Under FELA, injured railroad employees can claim damages for medical treatment, lost income, and pain and suffering.
What Causes Railway Accidents?
According to FRA data, human error (such as speeding, switching mistakes, or signal violations) is a leading cause of train accidents and derailments, accounting for approximately 43% of incidents in the Chicago area.
Many accidents result from a failure to follow mandated protocols, such as improper inspections, lack of training, or disregard for restricted speed zones.
After human factors, track defects (like broken rails or welds), faulty equipment failures (such as brake or wheel malfunctions), and automated signal failures (when safety warning message frequency varies) are technical causes of accidents.
Grade crossing and trespassing incidents—often involving negligent drivers ignoring signals or pedestrians walking on tracks—account for over 95% of all rail-related injuries and fatalities.
Intentional acts are a major contributing factor to rail deaths. In Illinois, research has suggested that suicides may account for over 50% of all rail fatalities.
¿Quién puede ser considerado responsable de los accidentes ferroviarios?
Liability for train accidents often falls on multiple parties because rail operations involve many parties.
- Train operators—employees and trains’ third-party drivers responsible for the safe operation of the train
- Equipment owners—who ensure that the trains and their components are in good working condition
- Infrastructure managers—tasked with maintaining tracks, signals, and crossings
- Municipalities—responsible for the design and safety of areas where tracks intersect with public roads
¿Qué empresas operan trenes en Chicago?
El servicio ferroviario es prestado por:
The Chicago Transit Authority (CTA)
The CTA provides extensive public transport, offering approximately 1.6 million passenger train rides on weekdays across Chicago, IL. It maintains 224.1 miles of track, a network of 20 crossings, 1,480 rail cars, eight routes, and 145 stations.
Accidents involving CTA vehicles present unique legal challenges, like specific deadlines and government immunity.
Metra
The Metra train line serves commuters in Chicago and its suburbs. It has an average of approximately 300 weekday trains serving about 100 communities.
Amtrak
Amtrak is the national intercity passenger train service of the United States, operating more than 300 trains daily to over 500 destinations.
¿Quiénes son las víctimas de los accidentes de tren en Chicago?
People injured in accidents involving trains include:
- Passengers in CTA, Metra, and Amtrak trains (and other trains)
- Pedestrians and motorists in a car or other vehicle struck on train tracks at railroad crossings
- Empleados de la ciudad de Chicago o de otros municipios
- Injured railroad workers hurt on the job who are covered by FELA
Common Train Accident Injuries
When train accidents happen, victims can suffer serious and catastrophic injuries or death due to the massive size and high speeds of trains. Severe injuries include multiple bone fractures, lacerations, burns, bruises, traumatic brain injuries, and neck/back injuries. Fatalities can be devastating for families.
Hay un tiempo limitado para actuar después de accidentes de tren en Chicago
In Illinois, the standard statute of limitations for personal injury (735 ILCS 5/13-202) and wrongful death (740 ILCS 180/2) is two years, but claims against government entities (such as those involving Metra or the CTA) have a significantly shorter one-year deadline and strict notice requirements (745 ILCS 10/8-101).
¿Qué daños y perjuicios pueden recibir las víctimas de accidentes ferroviarios?
In Illinois, there are generally no caps on the damages you can receive in a train accident case. Financial recovery may include both economic and non-economic losses, addressing the severe physical, emotional, and financial hardships you and your family may face. The railroad and its insurance company will try to control your claim—this is where our Chicago train accident attorneys can help you fight for the full compensation you deserve.
An injured party in a train accident case can receive compensation that includes:
- Economic damages: these are the direct financial losses you’ve incurred (such as medical bills, costs for rehabilitation and counseling, lost wages, and property damage).
- Non-economic damages: these damages cover the personal impact of your injuries (such as pain and suffering, disability, scarring and disfigurement, and loss of enjoyment of life).
¿Tendré que ir a juicio por mi caso de accidente de tren?
Most cases never make it to the courtroom, according to the American Bar Association (ABA). The Chicago railroad accident lawyers from our firm are excellent negotiators, but if a settlement can’t be reached in a tough case, we are fully prepared to take your train accident lawsuit to court.
¿Cuánto vale mi reclamación por accidente de tren?
Settlements for serious train accidents in Illinois frequently reach multi-million dollar amounts due to the catastrophic nature of the injuries. For example:
- $43 million for a 2020 Metra train crash that killed a pedestrian and severely injured three car occupants on railroad tracks
- $33 million for a wrongful death caused by a dangerous railroad maneuver
- $22.5 million for injuries and wrongful death in a 2009 Canadian National derailment in Rockford
- $29.6 million for an injured passenger in a Metra derailment
- $12.25 million for a 2015 Metra collision
The value of railroad accident cases and your potential settlement will depend on the specifics of your situation, such as the severity of your injuries and missed time from work. Settlements for FELA claims by railroad employees or train employees are also different from personal injury cases for other injured victims.
How We Can Help You
Las compañías de ferrocarriles y el tren en el que viajaba cuando se lesionó suelen ser propiedad de una agencia gubernamental, que también se encarga de su funcionamiento. La ciudad de Chicago tendrá abogados listos para impugnar su caso y disputar su relato de los hechos. Mientras se recupera de lesiones graves, es posible que no esté en condiciones de representarse a sí mismo contra la industria ferroviaria para demostrar la negligencia del ferrocarril.
With in-depth knowledge of railroad accident laws (including FELA for employees), railroad worker injuries, and personal injury claims—we’re committed to handling the legal process and fighting the legal battles while you focus on healing.
Call Us for a Free Consultation
We will protect your rights and work diligently for full and fair compensation for your physical injuries. Our law firm offers a free consultation; an experienced Chicago personal injury lawyer will review your train accident case, outline your options for recovering compensation, and answer your questions.
(312) 223-1700