Trains and other forms of public transportation allow people to move easily and safely throughout the Chicago area and Illinois, as well as to destinations across the U.S. Trains are statistically much safer than driving. Yet train accidents can and do occur. Because of the size and speed of the average train, any accident can seriously injure or kill dozens of people at once.
Train accidents, including derailments, collisions, and railroad crossing accidents can happen for many reasons, but whatever the cause, train accident survivors usually face the most difficult situation of their lives. These can be from any number of injuries, but traumatic brain injuries and spinal cord injuries are among the most devastating and life-altering. Speaking with a brain injury attorney in Chicago after seeking medical attention can help you recover most or all of the compensation you deserve.
In the immediate aftermath, passengers should listen to all announcements and follow the directions given by the train personnel. They should attempt to escape the train safely and quickly, either through an emergency exit, an emergency door release switch, or an emergency exit window.
They should also make sure that emergency services and the police have been contacted. Seeking medical attention is important even if you don’t have obvious signs of injuries. Some injuries, like whiplash and back injuries, can take days and weeks to develop. Just ask our personal injury lawyers in Chicago.
Train accidents can be caused by different factors, including equipment malfunction and operator errors. Some of the main causes of train accidents include:
Identifying the cause of the accident is a critical step in determining who is liable for your train accident injury.
If you have suffered an injury or have lost a loved one as a result of a train accident, you may be facing a long, complex, legal battle to get compensation for your injury. Filing a claim for your injury involves investigating the cause of the accident, accessing and gathering relevant evidence including witness statements and expert opinions, documenting the nature and extent of your injuries, and establishing a financial value for your past and future damages.
This requires the skills of a Chicago accident lawyer who is well-versed in the technical and legal aspects of train accident injuries. At Smith LaCien, you can count on the outstanding professionalism of our experienced team of personal injury attorneys and our impressive track record of successful results. We have the professional and financial resources to argue your case with the skill and attention it deserves.
You may have a valid personal injury or wrongful death case arising from a train accident, but it is important to act quickly or risk losing your right to make a claim. Every state has a statute of limitations or time limits on the amount of time a victim has to make a claim against the party responsible for their injury. The statute of limitation for personal injury and wrongful death claims in Illinois is two years. You have two years from the date of the accident that caused your injury or the death of your loved one to file a claim.
The sooner you contact a personal injury lawyer after your train accident injury, the more time they have to build a robust case on your behalf.
Whether you are making a personal injury claim or a wrongful death claim, you may be entitled to compensation for both economic and non-economic damages. Economic damages are tangible losses that include past and future medical expenses, loss of income, property loss, and funeral expenses. Non-economic damages are intangible damages that include pain and suffering, disability, and loss of consortium.
Although your lawyer cannot guarantee your compensation value, they have the capacity to determine the value of your actual damages and will pursue the full and fair compensation that you deserve. The wrongful death attorneys in Chicago with Smith LaCien can advise you of your rights, communicate on your behalf with insurance companies, and advocate to get you the compensation that you need and deserve, including future medical expenses, lost wages, pain and suffering, permanent disability or disfigurement, and property damages.
A qualified train accident lawyer will be fully knowledgeable about the common carrier laws that regulate vehicles that transport people or goods for payment. They will also have knowledge of the Positive Train Control Enforcement and Implementation Act of 2015, which was fully implemented by its statutory deadline on December 31, 2020. On December 29, 2020, the Federal Railroad Administration announced that PTC technology was in operation on all 57,536 required freight and passenger railroad route miles in the country.
A train-related injury or wrongful death can influence all areas of your life. To get the legal help you need, call our office in Chicago today at (312) 509-8900 to schedule a free consultation. You can also fill out our contact form.