Archive for the ‘Train Accident Law’ Category

Two Chicagoland Train Accidents in One Week

Friday, January 13th, 2012

Serious train accidents are an unfortunate reality in this nation, and the Chicagoland area is no exception. However, it is not often that this area sees two major accidents in one week. That is just what happened in the week leading up to this New Year’s Eve.

In the first accident, which occurred the Tuesday before New Year’s Eve, witnesses reported that a man drove his car around lowered crossing gates and into the path of a Metra express train. The crash occurred during the early morning rush hour in the northwest Chicago suburb of Palatine, on Metra’s Union Pacific Northwest Line.

The driver, Michael Levgard, was 64 years old. He was declared dead at the scene only minutes after the accident, although it took rescuers around a half hour to extricate his body from the wreckage. His car, crushed and totaled, was left on the tracks, causing around two hours of delays. The accident caused serious damage to the lead car of the train but, fortunately, no passenger injuries were reported.

Mr. Levgard may have believed that he could safely proceed around the crossing gates because a train was stopped in the station. However, there was another Metra express train passing through the station at the same time.

That same week, a Metra train struck a car in the suburb of West Chicago, on Metra’s Union Pacific West Line. The car was unoccupied; it had been pushed onto the tracks by an earlier automobile accident. The accident stopped the line for an hour and caused delays well past the morning rush hour, but resulted in no significant injuries.

For a free consultation with an experienced Chicago train accident lawyer at Passen Law Group, call us at (312) 527-4500.

Secondary Victims of Train Accidents

Friday, December 2nd, 2011

train derailment Secondary Victims of Train AccidentsWhen most people think of train accidents, and their victims, they think of passengers and employees aboard the train, and pedestrians or motorists struck by moving trains. But there can be many other victims, as well – the ones that most people generally don’t think of. These can include surrounding landowners, residents, and others who happen to be located near the train at the time of the accident.

Last month’s catastrophic train derailment in Western Illinois is the perfect example. A freight train derailed near Ottawa – an already dangerous and potentially deadly occurrence. The train, which was 131 cars long, lost 26 of its cars in the derailment, a massive train crash by any standard.

But this time, the train which derailed was carrying ethanol in large quantities for Archer Daniels Midland, a corn processor based in Decatur (as well as other chemicals and materials). So, when the derailment occurred, several portions of the train exploded, and others caught on fire. At least six of the seven to nine ethanol-carrying tanker cars burned their entire store of ethanol.

The resulting disaster created massive orange flames and smoke plumes visible for miles around. The sounds of the explosions were also heard miles away. In fact, the situation was so dangerous that an entire town was evacuated as a result. Tiskilwa, a small town of 800 residents located 100 miles to the West of Chicago, was under a mandatory evacuation order, with residents relocated to a local high school.

Although the fire was contained, and those in the town escaped initial injuries, the situation could have ended far worse. In fact, some Tiskilwa residents lived within 500 feet of the derailment. The town and its residents – as well as the employees onboard the train – were lucky to escape from this train accident without serious injuries or deaths.

There is also the environmental impact of the accident to consider. Although the investigations are not complete, the Illinois Environmental Protection Agency was at work to ensure that none of the chemicals spilled in the explosion made their way into local waterways or groundwater. If they did, the potential injuries from and costs of the derailment, both monetary and human, will skyrocket.

Nothing is yet known about the cause of the accident, and initial investigations were hampered by the results of the fire. But train derailments are often caused by negligent maintenance or inspection of the train, negligent assembly of the disparate train cars, or unsafe speeds and inadequate braking.

If you have any questions about a train injury claim, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Another Fatal Amtrak Train Accident

Thursday, October 6th, 2011

amtrak train crash 300x199 Another Fatal Amtrak Train AccidentAnother fatal Amtrak train crash has affected Chicago residents – but this time, the accident occurred in Michigan. The train in question was a passenger train operated by Amtrak, which had departed Chicago earlier in the evening of the crash, en route to Grand Rapids.

There was one fatality, a 19-year-old driver of the car struck by the moving train.

Although the cause of the accident is not yet confirmed, early reports state that the deceased auto driver turned in front of the train, attempting to “beat” the train despite the activated warning gates, which he maneuvered his car around. The local Sheriff has confirmed that the guards, as well as the lights and bells at the railroad crossing were working at the time of the accident.

There were seventy-two passengers aboard the train at the time of the accident.  Fortunately, none of the passengers was killed or seriously injured in the accident.

Our experienced train injury attorneys echo the sentiments of law enforcement calling for drivers to practice basic train safety with respect to obeying warning signs and crossing gates.  While many train accidents are caused by the negligence of railroad personnel or machinery, some accidents could be prevented by drivers and pedestrians following basic safety rules.

If you have any questions about a transportation injury matter, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Locked Door in Fatal Train Accident

Thursday, July 14th, 2011

As anyone who has ever worked on board any form of mass transportation knows, there are many seemingly innocuous rules and regulations which must be followed in every part of every trip. While some may be inclined to grumble about these requirements, the experienced train crash attorneys of Passen Law Group understand these rules are in place for a reason.

It is these seemingly unimportant details which lead to a lawsuit filed this week arising from a June Amtrak train crash outside Reno, Nevada. The lawsuit, filed by a Nevada law firm against Amtrak and others, targets the minor detail of whether a baggage compartment door should be left locked or unlocked during travel.

The plaintiff in the action, Dickerson, like many of the train’s crew, hailed from here in Illinois. She was an Amtrak attendant on the train. She tried to lead passengers on the train to safety, but encountered a locked, inaccessible baggage car door. According to her suit, she and the passengers with her were then forced to double back, navigating past the bodies of the dead and exposing themselves to extensive smoke inhalation, in order to escape the burning train.

Eventually, the group had to exit by jumping out a window about 15 feet above the rail bed. Dickerson was then taken via helicopter to a hospital. She received treatment for a wide variety of injuries, including injuries to her head, face, right eye, knees, hands and spine. According to the suit, she also suffered mental trauma from viewing the carnage as the group returned through the train seeking an exit. But she and her group were, in fact, lucky – at least one crew member and four passengers did not survive the crash.

It is important to note that it appears that Amtrak had no role in causing this particular railroad accident. Instead, the driver of a truck which struck the train appears to have been at fault. According to initial reports, the truck driver ignored both warning signals and crossing gates. When he eventually braked, it was too late to avoid the train – his truck skidded about 100 yards before impacting the side of the Amtrak passenger train.

Indeed, other lawsuits already filed in this matter have been against the truck driver and the trucking company that employed him, John Davis Trucking. There is not information available yet as to the reason he ignored the warnings – whether driver fatigue or the failure to properly maintain the vehicle or its brakes played a role in the crash, for instance.

It is also not clear why the door at issue was locked. Even Ms. Dickerson’s attorneys do not know yet whether it was Amtrak policy to keep such doors locked, or whether the door was mistakenly locked. Amtrak itself had no comment in response to news of the lawsuit’s filing. But Amtrak is investigating the crash internally, concurrently with the National Transportation Safety Board’s formal investigation.

What is clear from this incident, and Ms. Dickerson’s suit, is that the details of mass transportation operations are crucial, and must be given the high priority they deserve. We hope that news of this suit, and of what Ms. Dickerson and her passenger group encountered, will encourage mass transit companies to update their policies and educate their employees, and will encourage all mass transit employees to treat their “everyday” duties with greater respect.

For a free consultation with an experienced Chicago train accident lawyer at Passen Law Group, call us at (312) 527-4500.

Driver Error Leads to Deadly Chicagoland Train Crash

Wednesday, May 18th, 2011

Our Chicago train accident attorneys were discouraged to learn of yet another fatal train accident in the Chicago area.  This most recent train wreck occurred when a dump truck carrying a load of concrete struck was struck by a Metra passenger train traveling between the Mount Prospect and Cumberland Stations.  At the time of the accident, the train was traveling fifty miles per hour.

It appears this latest derailment was not a case of malfunctioning or disabled warning signs.  According to reports, the warning signals were flashing, the crossing gates were down, and a no-turn signal was illuminated.

This week’s train wreck, which led to a derailment and many serious injuries to the train’s passengers, appears to have been the result of irresponsible driving.   The driver of the truck, who had more than fifty previous traffic citations, allegedly was trying to go around the already-lowered crossing gates and “beat” the oncoming train.

The result was, of course, disastrous.  The truck struck the train.  The driver himself lost his life, the train was partially derailed, a fire was started underneath the train, and many of the train’s passengers were injured.  Although fortunately none of the passenger injuries were life-threatening, twenty-nine were injured, with nineteen taken to the hospital for treatment.  Our experienced Metra train injury lawyers understand that the consequences of the accident could have been far worse.

We encourage all members of the public — pedestrians and drivers — to obey all railroad crossing warnings.  In this instance, it appears that this tragedy could have been avoided by heeding those warnings.  We also call on the railroad and train operators (CTA, Metra, Union Pacific, and others) and manufacturers to ensure that all railroad crossings have proper warning devices installed, and that all railroad equipment is functioning properly.  Our attorneys understand deeply the consequences when those duties are neglected.

For a free consultation with an experienced Illinois train crash lawyer at Passen Law Group, call us at (312) 527-4500.