The Catastrophic Results of Railroad Injuries
Railroad related injuries can be devastating for the victims. Even at low speeds, locomotives can cause catastrophic damage. In addition, large equipment located near trains and rail lines can be extremely dangerous. Thousands of people each year are injured in train-related accidents, and the danger can be even greater for railroad employees . Experienced Illinois railroad lawyers typically divide railroad cases into three general categories.
Railroad Accidents Involving Railroad Employees
Because of the inherent dangers associated with trains and railroads, railroad workers have been protected by federal law since 1908. The Federal Employers’ Liability Act , or “FELA,” ensures that, unlike most employees, railroad workers may bypass state workers’ compensation laws and sue railroad companies in state or federal court. FELA also abolished many of the common law defenses that railroad companies relied on to avoid liability. Under FELA, a railroad company must at least pay a portion of a railroad employees medical bills for injuries suffered on the job. In addition, a railroad employee may be entitled to additional damages if the company has acted negligently. A Chicago Railroad attorney can explain that FELA lowers the standard for proving negligence. The employee, with the help of an Illinois railroad attorney, must be able to show that the railroad company failed to provide a reasonably safe working environment.
Railroad Accidents Involving Passengers and Bystanders and Railroad Crossing Accidents
Although passengers and bystanders are not protected by FELA, these cases often involve many of the same factual disputes. An Illinois railroad lawyer can help these victims bring a common law negligence lawsuit under Illinois law. A passenger or bystander, with the help of an Illinois railroad attorney, must be able to show that the railroad company violated a duty of care to the victim, which caused the victim’s injuries. A passenger may be able to demonstrate a duty violation by showing that the railroad company violated federal railroad regulations.
One of the most common types of railroad accidents occurs when a car or pedestrian is struck by a train at a railroad crossing. Many railroad crossings were designed in the 1930s to see little or no traffic. As Illinois railroad crossing lawyers know all too well, increased urbanization and traffic have led to an increased need for safety precautions. In a railroad crossing injury lawsuit, the plaintiff must be able to show that the railroad crossing was negligently designed or operated, i.e., that the railroad company knew or should have known that the crossing presented an unreasonable risk of injury. Some common causes of railroad crossing accidents include: lack of lights or gates, lack of an auditory warning such as bells or horns, blocked vision, and/or inadequately trained or over-worked employees
Determining Fair and Just Compensation
Employees who prove negligence under FELA and passengers and bystanders who prove common law negligence are entitled to full compensation for their loss. An Illinois train injury lawyer can ensure that this compensation is calculated fairly and justly. It may include: medical expenses, lost wages, disfigurement, emotional and physical pain and suffering, and possibly punitive damages for repeated or particularly egregious misconduct.
Contact the Illinois Railroad Attorneys at Dolan Law Offices
The Illinois railroad lawyers at Dolan Law Offices represent victims of railroad injuries throughout Illinois and the greater Chicagoland area, including Aurora, Addison, Chicago Heights, Joliet, Hillsdale, Plainfield, Rolling Meadows, Des Plaines, Schaumburg, Palatine, Elk Grove Village, Hoffman Estates, Arlington Heights, Mount Prospect, Hanover Park, Streamwood, Prospect Heights, Wheeling, Wheaton, Waukegan, Inverness, Barrington, Buffalo Grove, Elgin, Bartlett, Itasca, Bloomingdale, Wooddale, Cook County, DuPage County, Lake County, McHenry County, and Will County.
If you or a loved one has been injured in a railroad accident, contact the Chicago railroad lawyers at Dolan Law Offices online or at 312-676-7600.
