Chicago Train Accident Lawyer

Train accidents involve collisions, derailments, or other incidents involving passenger trains, freight trains, or subway systems that can cause severe injuries or fatalities. These devastating events often leave victims facing unforeseen costs and injuries that may entitle them to compensation.

At Cooney & Conway, our experienced attorneys fight relentlessly to secure the compensation you deserve while you focus on recovery. Our dedicated legal team helps injured victims every day, something we have been doing for decades. We have a proven history of securing favorable outcomes for our clients. Do not hesitate to contact us or fill out our online form for a lawyer to reach out to you.

Call (800) 322-5573 for a free initial consultation

How Do I Know if I Have a Valid Train Accident Case?

You may have a valid Chicago train accident case if you have suffered injuries due to railroad company negligence, operator error, equipment failure, or unsafe conditions. Valid claims typically require proving that the train service’s negligence directly caused your injuries, and you incurred damages.

Under certain circumstances, train operators and companies may owe passengers and the public a duty of care as common carriers. This legal standard requires them to exercise the highest degree of care to ensure passenger safety. Injured victims have strong grounds for compensation claims when CTA, Metra, Amtrak, or freight operators fail to meet this strict standard through negligent actions or safety violations.

We encourage you to consult with our knowledgeable Chicago train accident attorneys to determine whether this duty of care was breached in your situation.

How Much Compensation Can I Recover After a Train Accident?

Compensation in train accident cases varies based on injury severity, negligence level, and impact on your life. Illinois allows full compensation without damage caps in most cases. Your recovery may include economic and non-economic damages:

• Medical Expenses
• Lost Wages
• Future Care Costs
• Pain and Suffering
• Emotional Distress
• Loss of Normal Life
• .

Who May Be Liable for My Chicago Train Accident Injuries?

Multiple parties may bear legal responsibility for train accident injuries in Chicago, depending on the specific circumstances of your case and the factors that contributed to the incident. Identifying all potentially liable parties is essential to maximize your compensation.

Train Operators and Companies

The company operating the train involved in your accident, such as Metra, Amtrak, CTA, or freight carriers, may be liable for negligent operation, poor maintenance, or safety violations. These entities must follow strict federal and state regulations to ensure passenger safety.

Track and Infrastructure Owners

Organizations that own and maintain railroad tracks and infrastructure can be held responsible if defective tracks, faulty signals, or inadequate crossing warnings contributed to your accident. This might include the City of Chicago and the Regional Transportation Authority.

Equipment Manufacturers

Companies that design and manufacture train components may face liability if defective parts or systems caused or contributed to the accident. This includes manufacturers of engines, brakes, coupling mechanisms, electronic systems, or safety features.

Maintenance Contractors

Third-party companies hired to perform maintenance, repairs, or inspections on trains or railroad infrastructure may be liable if their negligence contributed to unsafe conditions leading to your accident.

Government Agencies

Various government entities responsible for railway regulation, inspection, and oversight might share liability for failing to identify and address safety hazards. This could include the Federal Railroad Administration, the Illinois Commerce Commission, or local transit authorities.

How Long Do I Have to File a Train Accident Claim in Illinois?

The statute of limitations for filing a train accident claim in Illinois varies significantly depending on who you are filing against and what type of claim you are pursuing. Understanding these strict deadlines is essential, as missing them typically means losing your right to compensation permanently.

Claims Against Public Transit Agencies

If you are filing an accident claim against the Chicago Transit Authority (CTA), Metra, or other public transportation entities, you must file a formal notice of claim within just one year from the accident date. This accelerated timeline for government agencies is much shorter than standard personal injury cases and requires prompt legal action.

Private Railroad Company Claims

For accidents involving private railroad companies such as Amtrak or freight carriers, Illinois generally allows a two-year statute of limitations from the date of injury. This applies to most personal injury claims filed against non-governmental entities operating in the state.

Claims for Injured Railroad Workers

Railroad employees injured on the job may file claims under the Federal Employers Liability Act (FELA), which provides a three-year statute of limitations. This extended timeframe applies specifically to railway workers seeking compensation for work-related injuries.

Wrongful Death Claims

If a train accident resulted in fatality, Illinois law permits qualifying family members to file a wrongful death lawsuit within two years of the date of death, which may differ from the accident date if the victim did not die immediately.

Exceptions That May Extend Deadlines

Certain circumstances may extend these filing deadlines, including cases involving injured minors, victims with mental disabilities, or situations where injuries were not immediately discoverable. These exceptions are narrowly applied and require thorough legal reasoning.

What Are Some Common Causes of Train Accidents?

Train accidents in Chicago and throughout Illinois occur due to various factors, often involving negligence, mechanical failures, or human error. Victims aware of these common causes can effectively establish liability and build stronger compensation claims.

Operator Negligence

Train operators who fail to follow safety protocols, exceed speed limits, or operate under the influence of substances pose serious risks to passengers and the public. Distracted operation, fatigue, and improper employee training also contribute to preventable accidents.

Track Defects and Poor Maintenance

Unsatisfactory track maintenance, including missing bolts, broken rails, improper alignment, and deteriorating ties, can lead to catastrophic derailments. Railroad companies are obligated to regularly inspect and maintain all track infrastructure to ensure safe operation.

Equipment Malfunctions

Defective brakes, coupling mechanisms, wheels, and other mechanical components can cause accidents even when operators follow proper procedures. Train services are obligated to carry out regular equipment inspections and preventative maintenance as a safety requirement.

Vehicle-Train Collisions

Motorists who attempt to beat crossing gates, become stranded on tracks, or fail to notice oncoming trains may sustain catastrophic injuries when struck by trains. Pedestrians trespassing on railroad property or crossing tracks at unauthorized locations also face extreme danger from these high-mass, low-maneuverability vehicles.

Weather and Environmental Factors

Severe weather conditions, including ice, snow, flooding, and high winds, can compromise track integrity and visibility. Train operators must adjust operations for weather conditions and companies must implement weather monitoring systems.

What Types of Injuries May Result From a Train Accident in Chicago?

Train accidents typically cause more severe injuries than standard vehicle collisions due to the massive size, weight, and force involved when trains derail, collide, or strike pedestrians and vehicles. These catastrophic events often result in life-altering or fatal injuries requiring extensive medical intervention.

• Traumatic brain injuries ranging from mild concussions to severe permanent cognitive impairment
• Spinal cord damage, potentially causing partial or complete paralysis
• Crush injuries leading to possible tissue death, compartment syndrome, or amputation
• Multiple fractures and orthopedic trauma requiring surgical intervention and lengthy rehabilitation
• Internal organ damage, including punctured lungs, ruptured spleen, or liver lacerations
• Severe burns from fires or explosions, particularly in accidents involving hazardous materials
• Post-traumatic stress disorder and other psychological trauma requiring long-term therapy
• Lacerations and soft tissue injuries causing permanent scarring and disfigurement
• Wrongful death when catastrophic injuries prove fatal, either immediately or after medical complications

How Does FELA Help Railroad Workers Injured on the Job?

The Federal Employers’ Liability Act (FELA) provides specialized protection for railroad workers that surpasses standard workers’ compensation benefits by allowing injured employees to sue their employers directly for negligence. Unlike traditional workers’ compensation, which offers limited no-fault benefits, FELA permits railroad workers to recover full compensation for medical expenses, lost wages, pain and suffering, and diminished future earning capacity when they can prove even partial employer negligence.

Railroad employers cannot use defenses like “assumption of risk” to avoid liability, though courts may reduce compensation through comparative negligence if the worker contributed to their injury.

Evidence Needed To Support Chicago Train Accident Claims

Building a compelling train accident claim requires substantial documentation and evidence to establish liability, prove damages, and overcome the aggressive defense strategies employed by railroad companies and their insurers. The following evidence types strengthen your claim for maximum compensation:

• Accident reports from police and transit authorities
• Scene photographs/videos showing damages and conditions
• Witness statements from passengers and bystanders
• Medical records documenting injuries and treatments
• Employment documentation proving wage losses
• Expert testimony from relevant specialists
• Maintenance records revealing equipment negligence
• Train event data recorders showing operational details
• Communication logs between operators and dispatch
• Safety violation history demonstrating negligence patterns
• Medical bills establishing financial damages
• Surveillance footage capturing the incident

What Steps Should I Take First After a Train Accident in Chicago? 

Taking immediate action following a train accident can significantly strengthen your legal position and protect your rights to full compensation for your damages. Following these steps helps preserve evidence and establish a clear record of the incident and its impact on your life.

• Seek immediate medical attention even if injuries seem minor
• Report the accident to train personnel, police, and transit authorities
• Document the scene by taking photographs of hazardous conditions and injuries
• Collect contact information from witnesses before they leave the area
• Avoid giving recorded statements to insurance representatives or railroad claims agents
• Preserve torn clothing and other personal items damaged in the accident
• Keep detailed notes about the accident circumstances and conversations with officials
• Request copies of all accident and incident reports filed
• Track all expenses related to your injuries, including transportation to medical appointments
• Contact an experienced train accident attorney before accepting any settlement offers
• Follow all medical advice and attend all scheduled treatment appointments
• Refrain from posting about your accident on social media platforms

Injured In a Train Accident? Contact Our Trusted Law Firm Today

Train accidents can leave victims with severe injuries, mounting medical bills, and pain and suffering. Railroad companies and their insurers often attempt to minimize payouts, which means victims need experienced legal representation to secure the full compensation they legally deserve.

At Cooney & Conway, our lawyers fight aggressively for maximum compensation with no upfront costs. Our firm has a proven history of securing favorable client results through settlement negotiations and court rulings. Contact our Chicago law office today for a free, no-obligation case review, or fill out our online consultation form for a lawyer to reach out to you.