AURORA RAILROAD ACCIDENT LAWYER
PRACTICE AREAS
Common Causes of Train Accidents in Aurora, IL
Just like with other motor vehicle accidents, there are several different situations that could lead to a railroad accident. Below are some of the most common causes of railroad accidents in Illinois.
If you or a loved one has been involved in a railroad accident, the accident lawyers at Curcio & Casciato can help determine the exact cause. We’ll be able to gather evidence to prove fault in court, ensuring you receive the train collision verdict you deserve.
Operator Negligence
Railroad accidents can easily be caused by operator negligence. When railroad operators fail to adhere to speed limits, safety protocols, or warning signs, they can easily cause the train to derail or cause it to hit a pedestrian, vehicle, or other train.
Train Track Problems
Constant wear and tear can degrade railroad tracks, sometimes to the point of becoming cracked, broken, or otherwise damaged. Since trains rely so heavily on tracks, any track problems or damage could lead to a railroad crash or derailment.
Unprotected Railroad Crossings
According to the Federal Railroad Administration, there are approximately 212,000 at-grade railroad crossings, which are railroad crossings where the tracks run directly across a road or path. Unfortunately, not all of those crossings have warning lights or gates to protect a pedestrian or car from getting in front of an oncoming train, increasing the risk of collision.
Malfunctioning Warning Signals
Even at railroad crossings with warning lights and gates, if these warning signals fail to function properly, they could easily cause a collision between a train and another motor vehicle.
Malfunctioning Equipment
Railroad companies are responsible for maintaining their trains and ensuring any malfunctioning or recalled equipment is repaired or replaced. When they fail to inspect and maintain their trains properly, any defective parts could easily cause a railroad accident. A Chicago product liability attorney can investigate the details of your case and determine if defective train parts caused the accident.
Obstructed View of Railroad Crossings
Obstructed views at railroad crossings due to overgrown vegetation or poorly placed signage can also lead to accidents. These obstructions can prevent drivers and pedestrians from seeing an approaching train until it is too late to avoid a collision. Obstructed crossings can also make it hard for operators to see warning signs or railroad crossings, increasing the risk of an accident.
Distractions
Like with other motor vehicles, railroad drivers can become distracted while operating their vehicles. Things like texting or eating could keep a railroad operator from seeing essential things like warning signs, railroad crossings, or other trains.
But unlike cars, trains can weigh millions of pounds and can require up to a mile of track to reach a complete stop. This makes distracted driving much more dangerous for railroad operators.
Common Train Accident Injuries
Due to the sheer size and weight of most trains, victims of railroad accidents often suffer from very serious injuries. Some of the most common railroad accident injuries include:
Traumatic brain injuries
Spinal cord injuries
Broken bones
Amputations
Burns
Crush injuries
Lacerations
Contusions
Whiplash
Psychological trauma
If you have suffered from any injuries due to a railroad accident, the Aurora personal injury lawyers at Curcio & Casciato can help. Our Aurora, IL lawyers have extensive experience handling train accident injury cases and can provide you with the legal counsel you need. Let our Aurora, Illinois, train accident lawyer team take on your railroad accident case–call us at 312-321-1111 to schedule a free consultation with a member of our law firm.
What is the Federal Employers Liability Act (FELA)?
Railroad employees face several risks as a result of their jobs, including a risk of serious injuries. The Federal Employers Liability Act (FELA) is a United States federal law enacted in 1908 to protect and compensate railroad workers injured.
Victims of workplace negligence can recover compensation for their losses from the railroad companies they work for. If you believe you have grounds to file a FELA claim, contact our experienced Chicago FELA attorneys today.
What is FRSA?
The Federal Railroad Safety Act (FRSA) is a federal law that governs railroad safety within the United States. It was enacted in 1970 and was designed to promote safety in every area of railroad operations to reduce railroad-related accidents and incidents.
Under the FRSA, the Federal Railroad Administration regulates railroad safety, enforces safety standards, and conducts railroad accident investigations. Additionally, the FRSA protects whistleblowers from repercussions if they report any safety violations, promoting safety under all railroad employers.
How Do FELA Claims Work for Railroad Employees?
FELA permits railroad workers to sue railroad companies in case of injury, bypassing limitations imposed by workers’ compensation statutes. Unlike workers’ comp claims, FELA claims have no maximum compensation limit. An experienced railroad injury attorney in Aurora, IL, can assist employees in filing FELA lawsuits correctly and on time.
Accident Compensation That FELA Provides
Under FELA, employees may be compensated for losses such as:
Medical expenses
Lost wages
Pain and suffering
Value of any lost limb/organ
Embarrassment from any physical disability
Funeral and burial expenses
Loss of consortium
If you or a loved one suffered from injury or even death as a result of working for the railroad, a skilled Aurora, IL, attorney can help you file a FELA claim. They can help determine and prove fault, holding the parties accountable for their negligence.
Damages for Accident Victims Who Are Not Railroad Workers
A railroad accident victim who is not a rail employee can still file a personal injury lawsuit and receive compensation from the railroad for their losses. Additionally, non-employees should file a rail accident report through the National Transportation Safety Board to ensure the accident is properly investigated.
In any legal matter, especially one as complex as a railroad accident lawsuit, consult with an experienced attorney with a background in Aurora, Illinois, train accident cases, or related practice areas.
If you or a family member have been injured in a railroad accident in or near Aurora, IL, the legal team at Curcio & Casciato is here to help you toward financial recovery. Our Chicago train accident lawyers can help ensure you are compensated for losses such as medical bills, lost wages, pain and suffering, and more.
Economic Damages for Train Accidents in Aurora, IL
In a railroad accident lawsuit, the “economic damages” are the financial losses and expenses the victim suffered due to the accident. These damages are quantifiable, meaning they have a set monetary worth.
Some common types of economic damages include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Rehabilitation costs
- Property damage
- Funeral and burial expenses, in the event of wrongful death
If your loved one’s train accident resulted in death, it’s crucial to arm yourself with strong legal representation from our Chicago wrongful death attorneys.
Non-Economic Damages for Train Accidents in Aurora, IL
When someone is injured in a railroad accident, they often suffer from damages that don’t have a set dollar value, like the pain they suffered or their inability to return to the normal life they had before.
Some common types of non-economic railroad accident damages include:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement and scarring
For more information about how to calculate pain and suffering damages in a railroad accident claim, contact a Chicago personal injury attorney today.
Liability Cap for Railroad Accident Lawsuits
In 1997, Congress passed an act to limit the amount of compensation victims can receive from a single railroad accident, placing a maximum cap on the total compensation victims can claim in a given accident.
In 2015, the Fixing America’s Surface Transportation (FAST) Act was enacted, raising the maximum liability cap and allowing victims to receive a greater total compensation. Currently, the liability cap for a single given accident is $322,864,228.
If you have been injured in a railroad accident, an experienced attorney with a history of successful railroad verdicts can ensure you receive maximum compensation for your injuries.
Train Accident Lawyers in Aurora, IL
If you have suffered from injuries as a result of a railroad accident, you need Aurora train accident attorneys who can help you pursue the maximum compensation you deserve. The railroad accident lawyers at Curcio & Casciato are here to do just that.
We work to ensure clients receive the best possible outcome in their railroad accident cases. The Aurora, IL, railroad accident attorneys at Curcio & Casciato can represent passengers, pedestrians, operators, or motorists throughout Northern Illinois and beyond, including Naperville railroad accidents and Joliet railroad accidents.
Call us at 312-321-1111 or contact us online and schedule a free consultation with one of our railroad attorneys to discuss your case.
