Train Accident Cases in Illinois
by Michael Helfand
(Illinois)
While train accidents are not as common as car, bike or truck accidents, they still occur and can result in serious injury. Train accidents can occur for a number of reasons – derailment, distracted operator, equipment malfunction, defective equipment, etc.
If you or a loved one has been injured while a passenger on a train – whether it was the Metra, the CTA or Amtrak - you may have a viable case against the railroad company.
Under Illinois law, trains are considered common carriers and are required to treat riders with the highest degree of care.
This means that they must adhere to all state and federal safety laws. If they do not comply with such laws and you are injured as a result, you are entitled to be compensated for your injuries.
Such compensation can cover medical bills, lost wages and pain and suffering, among other things, depending on the degree of your injury.
It is strongly recommended that you hire a personal injury attorney with train accident experience. That is, someone who knows very well the local and federal safety laws the railroads are required to follow. You want someone who will take the time to listen to you and understand your case and be able to assess where the railroad went wrong.
For your part, you should carefully maintain all documentation related to the accident. This includes hospital records, medical information, police reports, names and contact information of all witnesses, before and after photos of your injuries and photos of the train after the accident. This will greatly assist your attorney in preparing your case.
If, instead, you were not a passenger but rather a railroad employee who was injured on the job, you will be compensated under the Federal Employers’ Liability Act (FELA).
To recover under FELA, you will have to show that your employer did not provide a reasonably safe place to work. Again, it is strongly recommended that you hire an attorney with train accident experience to discuss your options under FELA.
FELA is a complex statute and you want someone to explain the nuances to you and someone who is well equipped to fight for what you deserve.
If you are worried about the cost of hiring an attorney, note that personal injury attorneys typically take cases on a contingency basis.
This means that if you are compensated for your injuries – whether via a settlement or a jury award – your attorney is paid a percentage of that compensation. If, however, you do not recover anything, then your attorney does not get paid.
You should never be asked to put forth any money – whether for court filing fees or expert witnesses. Personal injury attorneys consider this the cost of doing business. You are not expected to pay anything unless you “win.”
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com, the leading resource for Illinois lawyer referrals and legal guidance.
