Pedestrians, drivers, passengers and families can all sue after railroad crossing accidents in Illinois. While filing a lawsuit requires evidence of negligence or a railroad defect, victims and their families will have grounds to take legal action in many cases. If you have questions about your legal rights after a railroad crossing accident, you should consult with an experienced lawyer promptly.
Railroad crossing accidents can be devastating. Many victims face life-altering injuries; and, tragically, some victims lose their lives in accidents that could—and should—have been avoided.
If you have been injured or lost a loved one in a railroad crossing accident, you may have grounds to file a lawsuit. While this will not undo what has been done, it will provide an opportunity to seek accountability while also seeking financial compensation for the accident’s immediate and long-term consequences.
Victims and families can sue for railroad crossing accidents in various circumstances. Determining if you have grounds to sue starts with determining why the accident happened. Once you know what caused the accident, then you can determine who (or what company) deserves to be held legally responsible.
With this in mind, some of the most common grounds for filing lawsuits after railroad crossing accidents include:
Railroad company negligence is a common factor in crossing accidents involving pedestrians and vehicles. Railroads have a legal duty to ensure that their trains are operating safely at all times; and, when they fail to meet this duty, they can be held fully responsible for the consequences of their negligence.
Some common examples of railroad company negligence include:
Again, these are just examples. Railroad company negligence can take many other forms as well—and all forms of negligence can serve as grounds for filing a lawsuit under Illinois law.
While inadequate maintenance is a common issue, trains can also be dangerous from the day they leave the assembly plant. If a railroad crossing accident is the result of a train defect, then the train’s manufacturer may be fully liable for the victim’s or family members’ losses. Braking system defects, hydraulic defects, and numerous other issues can all lead to crossing accidents that leave victims and their families facing substantial and long-term losses.
Along with train defects, crossing defects can also lead to accidents that didn’t have to happen. For example, if a crossing gate is inoperable or poorly timed, this can create a dangerous (and potentially life-threatening) scenario. Here too, manufacturers can be held fully liable for accidents caused by their defective products—including accidents involving both vehicles and pedestrians. If railroad company negligence or a train defect is also partially to blame, then multiple companies could share liability.
To ensure that railroad crossings are as safe as possible, signs, signals, and the general surroundings all need to be properly maintained. If a crossbuck or warning sign is missing, if a crossing signal is inoperable due to inadequate maintenance, or if trees obstruct drivers’ or pedestrians’ view of approaching trains, these are all issues that can serve as grounds to file a lawsuit as well. In these cases, liability will be determined based on which company is responsible for the specific maintenance failure at issue.
Driver negligence can also be a factor in crossing accidents in some cases. For example, if a negligent driver was blocking the tracks, other motorists and pedestrians in the vicinity of the crossing may have claims for just compensation. In these cases, it will be worth assessing whether any other factors were involved in the accident as well. For example, if the train could—and should—have stopped in time to avoid a collision, the railroad company (or the train’s manufacturer) could share liability for the crash.
A railroad crossing accident can change your life in an instant. Whether you’re dealing with serious injuries or grieving the loss of a loved one, you deserve answers about what happened and who was responsible. Unfortunately, railroad companies and their insurers may fight to avoid paying the compensation you deserve.
At Coplan + Crane, our experienced train accident lawyers know how to investigate complex railroad accidents, identify negligent parties, and build strong cases for injured victims and their families. We’ll fight to hold those responsible accountable and pursue the compensation you need to move forward.
Contact Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.
