Archive for the ‘Train Accident Law’ Category

Illinois Railroad’s New Safety Plan

Saturday, March 12th, 2011

railroadcrossing Illinois Railroads New Safety PlanThe consequences of railroad workers, pedestrians or cars being struck by a moving train are usually catastrophic.  Now, Union Pacific and Metra claims that a new safety system will significantly advance safety for pedestrians and motorists.  Our Chicago train injury lawyers are encouraged that new safety measures will be introduced, but are disappointed that, in implementing these new safety measures, the railroads have abandoned some of the safety measures previously in place on this line.

The new measures are being touted by railroad officials as the most comprehensive safety system in the nation.  They include completed upgrades at  Elmhurst, Villa Park, Winfield, Geneva, Glen Ellyn, College Avenue, Maywood and Melrose Park, and additional work (not yet completed) at Bellwood, Berkeley, Wheaton and Lombard.  The additional work is scheduled to be completed between now and 2013.  No policies will be changed at these stations until work is complete.

The new measures include fences, gates and signs.  Many of the new warnings being implemented – both visual and audible – are designed to alert pedestrians that more than one train will be passing through the station at once.  The new safety features include signs and audio warnings, new fencing and new or altered pedestrian paths, and other safety measures designed to ensure compliance with safety gates and prevent pedestrians from crossing tracks at unapproved locations.

In particular, these stations now feature what Union Pacific calls the “Another Train Warning System.”  In this system, when a second train approaches a particular station, the word “Danger” begins to flash in red, while the words “Another train coming” light up in white.  At the same time, an audio warning will turn on:  a voice repeating “Danger, another train coming.”

These changes are part of an overhaul of the rail line, estimated at $132 million, which includes improvements to tracks, crossings, and other equipment.  The goal of the overall project is to increase the flow of both passenger and freight trains along the rail line – which it will undoubtedly accomplish — and to reduce the risk of someone getting struck by a train and killed or seriously injured.

In connection with these new warnings and other safety enhancements, several longstanding safety measures have now been rolled back or eliminated.  For example, until this most recent set of changes, freight trains were held back during rush hour, and could not roll through suburban passenger stations on this line.  Freight trains were also prohibited from rolling through these stations when passenger trains were loading or unloading passengers.  These restrictions have now been lifted – freight trains may now move through these passenger stations under both these circumstances.

Additionally, before now other passenger trains, like freight trains, were prohibited from entering stations while passengers were boarding or exiting another train.  This restriction has likewise been lifted.

Railroad officials, from both Metra and Union Pacific, have stated that they are certain the new safety measures are adequate to protect pedestrians, even without the previous safety restrictions.  Our experienced railroad injury lawyers, however, are not so sure.

Experts agree that the risk of accidents increases when more than one train is coming into a station at the same time.  This is true of both pedestrian and automotive accidents.  So, while we are pleased with the additional safety features, our train injury attorneys are disappointed that the railroad has chosen to abandon a policy that virtually guaranteed the elimination of second-train accidents — and replaced it with some additional simple warnings.

Nor are we the only ones with remaining concerns.  Dr. Lanny Wilson of the DuPage Railroad Safety Council noted that, as pleased as his organization is with the safety upgrades, the increased proximity of freight trains to passengers and pedestrians may prove a serious danger.  His concern is that by increasing the train traffic, it will lead to an increase in pedestrian-train accidents.  “We’re all about trying to approach zero deaths and injuries and crashes. We have a long way to go. I hope this takes us in that direction,” Wilson said in an interview for the Chicago Tribune story.

We devoutly hope that the new policies on Metra’s Union Pacific West Line will not lead to an increase in accidents and fatalities.  Regardless of the results of these changes, however, those who are injured in train accidents should contact an experienced attorney to determine whether the negligence of the railroad, its employees, or others could be responsible for their injuries.

For a Free Consultation with a top Chicago train accident attorney at Passen Law Group, call us today at (312) 527-4500.

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FELA Recovery for Injured Railroad Workers

Monday, March 7th, 2011

The Federal Employers’ Liability Act (FELA) acts as a failsafe for injured railroad workers.  Although FELA is in some respects similar to workers’ compensation – it provides compensation and income for those injured on the job – its origins and operation are actually quite different.  Experienced railroad injury attorneys must be familiar with FELA and all its implications for injured railroad workers.

FELA is a federal law, passed by Congress in 1907 in response to the great dangers that railroad work involved, and the vast national benefit that these workers were creating.

Under FELA, when a railroad worker is injured on the job, he has a federally-administered system available for obtaining compensation.  This aspect of FELA is similar to workers’ compensation.  While workers’ compensation provides relief for the vast majority on-the-job injuries, however, railroad workers seeking recovery under FELA must demonstrate that their injury was the result of negligence by the railroad itself, an equipment manufacturer, or one of the railroad’s agents or employees.  Common scenarios giving rise to FELA claims include (but certainly are not limited to) collisions and derailments, accidents involving a train and a motorist or pedestrian, and the exposure to diesel fumes or other toxins.

FELA applies to most railroads nationwide, including everything from nationwide freight lines to both national and local commuter passenger rail systems.  And FELA covers virtually every railroad employee – even those whose jobs do not involve tasks in or around trains.  The types of injuries covered are also wide-ranging:  from railroad accidents to asbestos exposure disease to repetitive stress injuries such as carpal tunnel syndrome.  Some of the most common traumatic injuries covered by FELA are:

•    brain injuries and spinal cord injuries
•    back and neck injuries
•    disfigurement, dismemberment, or permanent disability
•    broken bones
•    burns or electrocutions
•    crushing
•    joint injuries (commonly knees, shoulders, or ankles)

Workers covered by FELA can obtain settlements and compensation for their injuries.  Likewise, if a railroad worker is killed on the job under conditions covered by FELA, her family can obtain compensation akin to a wrongful death action.

Like most comprehensive federal laws, FELA requires expertise to properly negotiate.  There are several ways of obtaining compensation under FELA.  First, an injured railroad worker can go straight to the source, filing a claim with either the railroad company itself, or the contractor responsible for the injuries.  In the alternative (or if the direct claim fails), in some circumstances the injured worker can file a lawsuit in federal or state court.

It is important for those injured in the course of work for the railroads to find competent, experienced counsel who can help them navigate FELA’s requirements and get the maximum compensation for their injuries.  First and foremost, there are strict timing requirements for FELA claims, and the failure to meet those requirements can result in a forfeited claim.  An experienced train accident attorney such as those at Passen Law Group can ensure that your case does not run afoul of FELA’s rules and requirements.

Experienced railroad accident attorneys can also help to keep a victim on the right path – making sure that he seeks the proper medical attention and follows through on diagnoses and treatments, and ensuring that he has access to experts who can not only give him the best chance of a full medical recovery, but the best chance of a full legal recovery, as well.

For a free consultation with a Chicago railroad accident attorney at Passen Law Group, call us at (312) 527-4500.

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Fatal Illinois Train Crashes on the Rise

Monday, January 17th, 2011

As 2011 dawns, our Chicago train accident attorneys are discouraged to learn that train accidents – and fatalities from such accidents – increased in 2010.  There were increased fatalities in both major types of train accidents:  train-automobile collisions and pedestrian accidents.  According to statistics compiled and shared by the Illinois Commerce Commission, in Illinois between January and November of 2010, there were 17 people killed in train-automobile accidents and 10 people killed in train-pedestrian accidents.

This increase ends a recent trend of decreasing fatalities in the state each year.  As to train-automobile deaths, there were only 10 such deaths in all of 2009, 15 in 2008, 16 in 2007, 18 in 2006 and 18 in 2005.  As to train-pedestrian fatalities, there have not been this many such deaths since 12 pedestrians were killed by trains in 2007.

The total number of collisions also increased this past year.  In the first 9 months of 2010, there were 76 accidents in Illinois involving a train and an automobile.  Thus, the ICC calculates that once all accidents are accounted for, there will have been between 125 and 130 such accidents in Illinois in 2010.  In 2009, by contrast, there were only 80 such collisions in the state over the course of the entire year.  The total number of collisions between vehicles and trains had also declined in each of the previous two years.

Federal officials (through the Federal Railroad Administration) have begun an all-out media blitz in an attempt to combat this growing problem.  In particular, they have released a series of videos, much like those targeted at texting while driving, designed to force people to contend with the consequences of dangerous behavior.  For example, the video “Where’s the Best Man?” shows a driver attempting to beat a train across the tracks, resulting in the deaths of several members of a wedding party.

The FRA states that the new videos are designed to “shock” people into being more careful at railroad crossings.  He also urged people to think about the consequences of train accidents to conductors and train operators who have no way to avoid an accident.  As Joseph Szabo, administrator of the FRA, said in a news conference, “The trauma (from being involved in accidents) that is carried by train crews … leaves an indelible mark on their psyches and their souls.”

The train injury attorneys of Passen Law Group support the efforts of the FRA to educate the public about railroad crossing safety.  Certainly, attempts to “beat the train” are responsible for many unnecessary deaths.  But we cannot help but note that attributing the high accident and fatality rates simply to irresponsible behavior by drivers and pedestrians is a gross oversimplification.  We have written several times in the past year alone about accidents and fatalities caused by railroad negligence.  For example, Katie Lunn, a 26-year-old dance instructor, was killed in University Park this past year when crossing signals were “inadvertently” deactivated for repairs, then left off.

Drivers and pedestrians absolutely must respect trains and train signals, and any public education designed to encourage the public to follow these important safety rules is welcome.  But we cannot pretend that the railroads and their operators are simply a passive force in this year’s increase in accidents and fatalities.  Until the FRA is willing to take an honest look at both sides of the problem, we may make progress but will never truly eliminate these senseless injuries and deaths.

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

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