Illinois Wrongful Death -Train Accident

Did You Know?

Each year there areapproximately 3,000 Train accidents in the U.S. and about 1,000 people losetheir lives.

Train accidents occurevery 90 minutes in the U.S. Most people do not realize railroad accidentshappen on such a large scale. When a railroad accident occurs, it must bereported within thirty days. Most Train accidents are the result of violationsin inspections and maintenance. Every individual has the right to assume theywill not endure a railroad accident and in the event that negligence resultedin railroad accident injuries and damage, rights have been violated.

The railroad system ofthe United States consists of over 600 railroads, with more than 250,000 employees,200,000 miles of track, 1.2 million freight cars, and 20,000 locomotives. Tomonitor the railroads' compliance with Federally mandated safety standards, theFederal Railroad Administration was created and employs 400 inspectorsoperating out of 47 offices throughout the country.

According to theNational Transportation Safety Board, 60% of all crossing fatalities occur atunprotected crossings, and lights and gates do NOT protect eighty percent ofthe public railroad crossings. Because rail lines cross major roads inpopulated areas as they cut through towns, trains pose a threat to othervehicular traffic and pedestrians. As commuter areas expand, and train speedsincrease, there is a greater danger of railroad accidents.

Types of Train Accidents

There are six main typesof railroad accidents:

Railroad accidents canoccur due to a variety of factors, including:

State laws exist inorder to determine if the carrier is liable for the personal injuries caused bythe railroad accident.  Most states find a common carrier liable for thepersonal injuries during the railroad accident, and other states have regulationsthat do not hold the carrier responsible for completely ensuring the safety ofa passenger but does find them to own a large amount of responsibility.  Arailroad accident that was the result of any type of noncompliance with safetylaws will assume full liability in most instances.

Train companies will notalways assume responsibility for a railroad accident, making the need for arailroad accident attorney especially crucial in recovering damages. A railroadaccident attorney will be able to determine fault for the railroad accident.Not all individuas will have the necessary resources and knowledge to producethe successful railroad accident recovery that a railroad accident attorneywill be able to provide.

Some trains that areowned or operated by government entities have tort claims act laws in cases oftrain accidents.  This type of law requires the government entity to begiven notice of the injury from the railroad accident within a short time anddoes not allow filing of a lawsuit unless there has been proper notice given.Railroads are required to report the FRA within thirty days of a railroadaccident.  

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