Train accidents can be one of the most catastrophic of all. Many people could be injured or killed in a train accident, depending on the situation. In addition, if the train company is found negligent for a train accident that caused your injuries, they could be held accountable for your damages. Unfortunately, train accidents are common in Illinois, with 217 incidents between 2018-2021 with more than $800 million in damages.
Learn more about Illinois train accident liability in this article, then speak to our Streamwood train accident attorney at I Am Calling My Lawyer today.
Illinois has many train accidents, some involving only a few people while others could affect dozens or hundreds of injured parties. The most common incidents are:
Depending on the type of accident, various entities could be held responsible for the accident, including railroad companies, state and federal agencies, and other organizations. In addition, the injured party could be found negligent in some accidents, such as in some railroad crossings or struck pedestrian cases.
If you are hurt, or a loved one is killed in a train accident, you may be eligible to file a personal injury or wrongful death lawsuit. However, if you or your loved one worked for a railroad, the claim must be filed according to the Federal Employers Liability Act (FELA).
Many train accident claims involving company, agency, or government negligence are settled outside of court. Railroads and state transit organizations may prefer the negative press that can stem from a potentially significant lawsuit involving multiple plaintiffs. Train accident settlements can allow all sides to avoid the risk and expense of a protracted court fight.
Train accident settlement negotiations may occur before, during, or even after completing the personal injury lawsuit. Settlement negotiations for train accidents often involve multiple offers in which the involved parties propose amounts they believe would cover plaintiffs’ damages.
Train accident lawsuits in Illinois are similar to other civil claims that deal with personal injury or wrongful death. A key difference may be that a train accident involves more injured parties, but this depends on the nature of the incident.
A train accident lawsuit starts when the plaintiff’s personal injury attorney files a claim with the appropriate civil court in Illinois. The railroad and insurance companies file an answer and offer defenses. If a settlement cannot be reached, there is discovery, and damages may be assessed.
One aspect to remember during your train accident case in Streamwood is if you were partially at fault for the accident. For instance, if a train struck your vehicle when you illegally crossed the tracks, you might be found partially at fault for the accident.
Illinois has a modified comparative negligence rule for personal injury claims, including train accidents. If you were 50% or less at fault for the accident, you could still receive damages in a claim or lawsuit. But if you were 51% at fault, you are barred from recovering damages.
If a significant train accident injures or kills many people, damages might run into the tens or hundreds of millions of dollars. That is why the US Congress initially passed a federal law capping railroad company liability for passenger injuries at $200 million. However, the cap was increased in 2022 to $322,864,228. Unfortunately, the federal cap on train accident damages means that some catastrophic rail accidents could lead to higher-than-limited injuries.
If you are injured in a train accident, you may be eligible for damages if another party was negligent. Contact our Streamwood train accident attorneys at I Am Calling My Lawyer for assistance at (888) 841-4878.
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