Commuter, passenger, and freight trains are frequently seen in different parts of the state. Due to the high activity, train accidents are an unfortunately common occurrence in Illinois. The reality of many of these incidents is that many could have been avoided if it was not for the negligence of one or more parties involved. Pedestrian accidents involving a train is complex and often result in serious injury or fatalities. If you or your loved one has been involved in an accident or incident involving a train, contact Newland & Newland, LLP for a risk-free initial review of your claim.
Train Accident Investigation
Accidents involving Metra, Amtrak, or another rail system require more in-depth investigations as one or more investigative agencies may be involved. In some cases, train accidents can take days, weeks, or months to conclude. However, determining the cause of an accident is an important step in any personal injury action. The investigative process will determine the cause of the incident and, if one or more contributing factors caused an accident, the percentage of fault attributed to each property. This will help determine if you or your loved one is entitled to file a personal injury claim against the company operating the train. A personal injury action may only be filed when the company operating the train is found to be more than 50% at fault. If the victim is 51% or more at fault for the accident, recovery will not be permitted.
Types of Train Accident Claims
In a pedestrian accident involving a train, the type of action will depend on the injuries sustained. A negligence action may be brought by the injured party if the accident was caused by negligent conduct or wrongdoing on the part of the company operating the train. The damages retrieved in these types of cases will often be paid to the injured party, with some limited exceptions.
Unfortunately, wrongful death actions are more common in pedestrian accidents. Wrongful death claims are brought by the deceased individual’s estate. Some of the damages in these claims are payable to the estate while other close family members will be entitled to the remaining funds.
Contact an Experienced Arlington Heights Personal Injury Attorney
Pedestrian train accidents can have devastating consequences on you and your loved ones. When these accidents occur, you need an experienced attorney who can fight for your rights and help you get the most compensation available for your claim.
Newland & Newland, LLP is an Arlington Heights, Illinois law firm with several offices located throughout the state. Our law firm has helped thousands of families and we want to assist you or your loved one with filing a claim for the injuries you sustained as result of a train accident. Our firm is your one-stop-shop for relief, as our attorneys can help you with any of your personal injury needs. To schedule an initial review of your claim, contact Newland & Newland, LLP today.