Chicago Injury Attorney Blog

A woman who says she was the victim of an assault crime while riding a Green Line train on January 12 is suing the Chicago Transit Authority for Illinois personal injury. Katherine Willeke says that the “panic button” was inaccessible when she tried to call for help as two youths stole another passenger’s wallet.

Willeke says that as she tried contacting 911 on her cell phone, the two assailants used a metal object to strike her body and head multiple times. They then ran off the train close to the Laramie and Cicero stops.

Willeke’s Chicago personal injury lawsuit contends that the CTA disabled the emergency call button when they blocked it off from passengers. She also says that the train operator saw the attacks but failed to call for help.

Chicago train crashes are not the only kinds of train accidents that can cause personal injury. Recently, there have been incidents involving Chicago trains that have endangered people’s lives.

On December 19, a Chicago train left a station while a 4-year-old’s foot was stuck in one of the train doors. The doors first shut on the boy’s chest before opening briefly and then closing again on his leg. His mother, Eileen Kermer says that as the train started to move, she began frantically pulling at her son to free him. Fortunately, the boy was able to free him by removing foot from his boot. He did not sustain any physical injuries.

Kermer says that there wasn’t a conductor to make sure that all doors were clear for departure at the station where they got off. According to METRA, train crew personnel are supposed to make sure that all doors and platforms are free and clear before a train can leave the station.

Just last month, the doors of another Chicago train closed on a stroller that was carrying a 22-month-old girl. The train pulled the stroller with it and the toddler suffered minor injuries after she was thrown from the stroller and landed on her back.

L rider sues over faulty 'panic button', Chicago Sun Times, December 30, 2009

2 suspended for foot caught in train doors, UPI, December 22, 2009

Chicago Train Drags 22-Month-Old Girl in Stroller, Chicago Injury Attorney, November 4, 2009

Related Web Resource:
Chicago Transit Authority

A Chicago jury has awarded $135,000 to a man who says he sustained psychological injuries when a Chicago Transit Authority train derailed and a fire broke out on the Blue Line commuter line on July 11, 2006. The plaintiff, Eduardo Martinez, was riding in the train car that went off the tracks.

Some 1,000 people were on the CTA train at the time. 125 people were injured. Many were treated for minor cuts and bruises, smoke inhalation, and respiratory issues. Some of the victims were admitted to hospitals in critical or serious condition.

Martinez cites post-traumatic stress disorder as one of his psychological injuries. His CTA train accident lawyer says the verdict is acknowledgment by the jury that they understand the toll the Chicago train derailment continues to take on his client’s life. Less than a week after the 2006 incident, Martinez had to take the same train to work.

The National Transportation Safety Board said a weak safety program, hazardous track conditions that should have been corrected, and poor management were to be blamed for the Chicago, Ilinois train accident. The jury awarded Martinez $120,000 for pain and suffering, $14,000 for medical expenses, and $1,000 for lost wages.

Chicago Personal Injury
It is important to remember that emotional damage and mental trauma are also injuries. Emotional and mental injuries can last for years. The victim may have to undergo years of therapy and his or her ability to live a normal life may be impaired.

If you or someone you love was injured in or traumatized by an accident that was caused by someone else caused, you may have grounds for suing the responsible parties for Chicago personal injury.

$135,000 For Passenger In 2006 CTA Derailment, WBBM Newsradio 780, December 15, 2009

CTA Fire, Derailment Forces Blue Line Evacuation, CBS2Chicago, July 11, 2009

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In a confidential agreement, the estate of Phil Kuntz and his widow have settled a wrongful death lawsuit over Kuntz’s tragic railroad accident in Du Quoin with Canadian National/Illinois Central.

Kuntz was in his pickup truck when he was struck by a freight train on April 3, 2006 at the Lazy W. Crossing. The train pushed his vehicle some 60 feet before the truck fell into a shallow hollow next to the tracks. Following the Illinois train crash, Kuntz was flown to a hospital where he was later pronounced dead.

According to the Illinois wrongful death complaint, the railroad crossing was poorly designed and had serious sight limits (There are no crossing gates or flashing lights). The railroad also failed to provide adequate warning that a train was approaching.

Mike Plumlee, an investigator for the Perry County Sheriff’s Department, says that Kuntz only saw the train at the final second before the crash. Plumlee says there were skid marks on the pavement showing that the driver attempted to stop.

According to VisualExpert.com, some 2,400 train accidents occur at railroad crossings each year. While some of these railroad crossing crashes happen because the driver tried to beat the train by speeding across the crossing, other accidents take place because the driver did not know that a train was approaching.

Railroad crossings must be designed in a manner that decreases the chance that a motor vehicle or a pedestrian will be struck by a train. Railroad companies must also make sure that drivers and pedestrians in the area are aware of when a train is approaching, the train operator is not speeding, and there are no hazards or obstructions at the crossing that could either block the motorist’s view or cause a railroad accident to happen. Crossing gates, lights, or bells must also be properly installed and/or maintained.

Railroad crossing injuries are often catastrophic if not fatal.

Substantial Settlement in Du Quoin Wrongful Death Case, Du Quoin Evening Call, October 26, 2009

Accidents At Rail-Highway Crossings, Visual Expert.com

Related Web Resources:
Train Accidents, Justia

Canadian National

On Monday, Ebere Ozonwu experienced a horrifying moment when the doors of a Red Line train shut on her 22-month-old daughter’s stroller, dragging the toddler and the carriage down the platform as it left the station.

The little girl, Rachel, ended up some 10 feet past the platform on the gravel after she was thrown from the stroller as it hit a metal barrier at what may have been a speed of about 15 to 20 mph. Rachel, who landed on her back, sustained minor injuries from the CTA train accident.

Investigators are trying to determine how such a dangerous incident could have happened. According to Amalgamated Transit Union's Local 308 president Robert Kelly in the Chicago Tribune, operator error and machine malfunction would have both had to occur in order for this kind of injury accident to happen.

The CTA has suspended the train operator while the preliminary probe takes place and Chicago police are also investigating the Chicago train accident. The train operator says that the sensors did not go off to let her know there was something trapped in the doors as she left the Rogers Park station. Kelly also says the train shouldn’t have been able to move if it had detected that a door was not shut.

Even with the sensor system, CTA train drivers are still required to stick their heads out of the cab to make sure all the doors are closed. Per CTA procedure, the driver needs to check outside the cab before leaving the station. The train operator says she made the check and did not see the stroller.

The train proceeded to make five more stops before the stroller was discovered.

Injuries to Minors
While minors cannot file their own Chicago injury lawsuits, a parent or guardian can make the Illinois injuries to minor claim for them. Toddlers, babies, and kids are especially susceptible to fatal injuries during Chicago fall accidents, train crashes, and motor vehicle collisions.

CTA and baby stroller: Questions arise after mother says girl thrown from stroller at Morse "L" platform, Chicago Tribune, November 4, 2009

Toddler thrown onto CTA tracks in accident, ABC, November 3, 2009

Related Web Resource:
Chicago Transit Authority

A tragic Illinois train-car accident has claimed the lives of two grandparents and their grandchild. The people that died are Benjamin Rasmusen, 82, Marilyn Rasmusen, 81, and Elizabeth Rasmusen, 9. The deadly LaSalle County train accident happened on Monday afternoon. Elizabeth’s siblings, Ben, 7, and Emilia, 11,were also injured in the Illinois train wreck. They were transported to local hospitals and are recovering from their injuries.

According to the sheriff’s office, the motor vehicle carrying all of the victims was headed south on East 23rd Road while the Amtrak train was going west. The train hit the vehicle at the railroad intersection. The cause of the Amtrak train accident is still under investigation.

Monday’s fatal collision comes just a few days after five teenagers were killed when an Amtrak passenger train struck the vehicle that they were riding in. The train was going from Detroit to Chicago on Thursday.

According to witnesses, the car’s driver, 19-year-old Dan Broughton, tried to go around the gate crossing and was hit by the train, which pushed the vehicle approximately a mile from one crossing to the next. The warning device and the gate at the crossing where the train accident happened appeared to have been working.

Broughton, Jessica Sadler, 14, Eddie Gross, 17, Terrence Harris, 21, and his brother Sean Harris, 19 were killed in the Amtrak train crash.State records show that Broughton’s driver’s license was suspended the day before the train-car crash because he had a poor driving record. Violations that led the suspension included speeding, driving without a valid license, failure to stop at a stop sign, and causing a motor vehicle crash.

If you or someone you love was injured in an Illinois train accident, you may have grounds for filing a personal injury claim or a wrongful death lawsuit. Liable parties may include the train company, a negligent driver, the manufacturer of the train, an auto manufacturer, or another party.

Three killed after Amtrak train, car collide in LaSalle County, Chicago Sun-Times, July 13, 2009

Train hits car near Detroit, killing 5 in sedan, AP, July 10, 2009

Related Web Resources:
Amtrak

Train Accidents, Justia

Continue reading "LaSalle County Train-Car Collision Kills Two Grandparents and Their Grandchild" »

Two major train accidents have recently been profiled in the US headlines. One is an Illinois train derailment accident that left one woman dead and lead to the evacuation of hundreds of homes. The other is the DC train collision involving two trains that injured more than 70 people and killed 9 others. In Cook County, Will County, DuPage County, and Lake County, our Chicago train accident law firm has spent more than a decade and a half helping train accident victims obtain recovery for their personal injuries. We know how to successfully obtain compensation from large train companies, as well as from the government agencies that are sometimes liable for causing or allowing train accidents to happen.

The deadly DC train accident occurred during rush hour on Monday, when one train slammed into another train. Investigators have been sifting through the rubble for clues as to what caused the fatal wreck that officials are calling the worst commuter rail crash in the DC Metro’s history. Track conditions, train maintenance, operator experience, as well as what operator Jeanice McMillan may have been doing when the crash happened, are just a few of the possible causes under consideration. McMillan , who had only been authorized to operate a Metro train for a few months, died in the train collision.

The National Transportation Safety Board says that they told Metro that some of its older train cars in the Metro fleet needed to be replaced because of concerns regarding how well they could hold up during a train crash. The transit authority, however, decided not to follow these recommendations because the cars were going to be phased out in several years and replacing them sooner would have been an added expense. It was one of these older cars that rear-ended a second train.

The Illinois train derailment accident happened on Friday night when 18 cars carrying ethanol went off the tracks about 80 miles northwest of Chicago. A huge fire broke out and hundreds of homes had to be evacuated. A number of people sitting in a car waiting from a train to pass through a crossing tried to flee from the scene. One woman died while three others sustained sustained serious burn injuries from the flaming ethanol. The train was a Canadian National Railway freight train. Canadian National, the Federal Railroad Administration, and the National Transportation Safety Board are all investigating the case of the deadly train crash.

Ill. train derailment explosion kills woman running for safety, hundreds evacuated, Chicago Tribune, June 20, 2009

Officials Seek Clues in Train Crash, NY Times, June 23, 2009

Related Web Resources:
Federal Railroad Administration

National Transportation Safety Board

In Cook County Circuit Court, Christine Sanders filed her Illinois wrongful death lawsuit against the city of Chicago, its fire department, and its police department. She is seeking over $100,000 in damages.

Her Chicago complaint contends that her son Mario, who had mental issues, wouldn’t have died if the city and its departments hadn’t failed in their duty to him when they carelessly responded to a 911 call about him, neglected to rescue him in a timely manner, and failed to warn him that there was a train approaching.

Mario was struck by a train on April 8, 2008 after entering the train tracks. Someone made a 911 call to rescue him but he was hit by the train before anyone came.

Some Reasons Why Train-Pedestrian Accidents Happen:
• Trains move at fast speeds
• After stepping on the emergency brakes, trains need to travel a mile before stopping.
• Trains are not as noisy as they used to be, which means someone who isn’t facing the train might not hear the train until it is 100 feet away.
• A train’s width can extend more than three feet outside the train rails.
• Two trains can be traveling next to each other on tracks that are side by side.
• Trains are known to switch directions.
• A train that is approaching may look like it is traveling slower than its actual speed.

That said, a pedestrian may get hurt in a train accident cbecause another party was negligent or careless. It is important that you speak with an experienced Chicago train crash law firm who understands train accidents and how to thoroughly investigate them so that the responsible parties can be held liable for personal injury.

Mother Blames City For Son's 2008 Death, CBS2Chicago.com, April 7, 2009

Related Web Resources:
City of Chicago

Federal Railroad Administration Office of Safety Analysis

An Illinois jury has awarded a South Side woman who was seriously injured when a Metra train derailed in Chicago in September 2005 nearly $29.6 million. Renee Poppel was one of the dozens of people who got hurt when a Metra engineer drove a Rock Island Line Train at 69 mph through a 10 mph crossover. The train violently derailed close to 47th Street and the Dan Ryan Expressway. Two people died in the deadly Chicago train accident.

Poppel was three months pregnant at the time of the Illinois train derailment accident. She sustained serious injuries, including a traumatic brain injury, a broken neck, and a shattered pelvis. Her baby, Faith Victoria, survived the deadly derailment and doctors delivered her while Poppel was in a comma. Faith Victoria is now three years old and so far, she appears healthy.

Poppel’s Chicago train accident attorney says the award will cover lost wages, future earning, and medical expenses. Because of the accident, Poppel will never be able to work again. She also is confined to a wheelchair, has vision loss and difficulties speaking, and is unable to take care of her daughter or her 5-year-old son without outside help. The 28-year-old Chicago resident has already undergone 21 surgeries and could undergo three more to reconstruct her hand.

About 50% of the 70 Chicago train accident lawsuits demanding compensation from Metra for the catastrophic 2005 train accident have been settled. Last November, Metra said it would pay $11 million to the families of the two train passengers that died in the crash.

According to Metra and the National Transportation Safety Board, human error was the cause of the deadly train crash. Following the Chicago train accident, Engineer Michael Smith was fired for failing to pay attention to the signals and not slowing down the Metra train.

South Side woman awarded nearly $30M in Metra lawsuit, Southtown Star, February 28, 2009

Attorney details injuries, needs of woman injured in Metra crash, Chicago Tribune, February 19, 2009

Related Web Resources:
Metra to Pay Families of Two Chicago Train Accident Victims $11 Million for Wrongful Deaths, Law Offices of Steven J Malman & Associates, PC, November 13, 2008

Metra

In Cook County Circuit Court, the daughter of James O’Neill, the man who was hit by a Metra train while crossing the tracks is suing Metra, the Commuter Rail Division of the Regional Transportation Authority, and the Union Pacific Railroad Company for his wrongful death. Maura K. O’Neill says the train could have stopped and avoided hitting her father if it hadn’t been speeding because it was running late.

The fatal train accident occurred on the morning of December 26, 2008, close to the Edison Park station. Union Pacific Northwest Line train No. 610, which was headed to South Chicago, was not scheduled to stop at this station. It was traveling at the full speed of 50-70 mph when it struck Mr. O’Neill, who was walking on a pedestrian crossing. He was pronounced dead about four hours later.

Maura O’Neill claims that the train conductor should have warned O’Neill that the train was moving at full speed. She also says that train workers neglected to properly look out for pedestrians who may have been on the train tracks, did not take extra steps to make sure there weren’t people around since it was running behind schedule, failed to activate the train's emergency brakes, and was traveling at a very fast speed even as it approached the crossing. Her Illinois wrongful death lawsuit seeks over $50,000 in damages.

Pedestrians and bicyclists who are struck by a train are often killed or left with serious, life altering personal injuries. While people crossing the tracks are supposed to be careful and take steps to avoid getting involved in a train accident, there are times when the railroad company, train operator, a railroad worker, or the train manufacturer could have done more to prevent the accident from happening.

Depending on the circumstances that leading up to a pedestrian accident, some examples of grounds for train accident lawsuits include:

• Failure to sound the train’s whistle
• Speeding
• Poorly trained or supervised train workers
• Poor train maintenance

Daughter of Man Killed by Metra Train Files Suit, WBBM, January 10, 2009

Related Web Resources:
Metra

Union Pacific

The Metra commuter rail agency and two families have reached an $11 million settlement agreement in the wrongful deaths of two Chicago train accident victims. An Illinois judge approved the settlement on Wednesday.

The deadly Illinois train crash occurred in September 2005 when a train headed to Chicago from Joliet derailed when changing tracks. The train twisted off the rails and skidded, while its fourth and fifth cars broke off. The fourth car rammed into a steel bridge.

Over 80 passengers were injured. Oak Forest resident Jane Cuthbert and New Lenox resident Allison Walsh died in the train derailment accident.

The National Transportation Safety Board and Metra determined that human error caused the crash. The train was reportedly moving at a speed of 70 mph when the accident happened even though signals indicated to the engineer that he needed to slow the train’s speed to 10mph before it reached the crossover.

Under the terms of the Chicago wrongful death settlement, Walsh’s family will get $5 million, while Cuthbert’s family will receive $6 million. Walsh and Cuthbert are the only two people to die while on a Metra commuter train.

At least 35 more Chicago personal injury lawsuits against Metra are still pending. Since the 2005 crash, Metra engineers must now undergo additional training.
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If you or someone you love was injured while riding a Metra train or a Chicago Transit Authority train, it is important that you speak with a Chicago train crash lawyer that knows how to examine the crash scene and other evidence and can successfully pursue your train accident lawsuit.

$11 million settlement in Metra, Chicago Breaking News, November 12, 2008

$11 million settlements in Chicago train deaths, AP, November 12, 2008

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Metra

National Transportation Safety Board

The Regional Transportation Authority is reporting that Chicago Transit Authority trains are safe to ride but that the CTA is not doing enough to identify and take immediate action to fix hazardous conditions that could lead to railroad accidents. The RTA had commissioned an on-site safety inspection of the Chicago train system.

Reviews findings included:

• There were 5 train crashes and 13 train derailments that happened in CTA rail yards over a 7 ½ month period in 2007.

• The CTA does not hold enough emergency-response drills.

• Train operators did not physically check to see that all doors were shut and all passengers were safely in and out of the train.

• Some train stations did not have emergency phone lines or adequate lighting.

• A significant amount of debris was noted on railroad tracks.

• Certain train tracks had defects, including rotten wood ties and loose rail spikes.

The RTA is giving the CTA another opportunity to improve these safety issues and will conduct another evaluation this summer.

Common Causes of Train Accidents:

• Driver fatigue, inexperience, or negligence
• Track or train defects
• Faulty maintenance
• Mechanical failures
• Electrical malfunctions

CTA's rail safety criticized, Chicago Tribune, June 29, 2008

Related Web Resources:

Chicago Transit Authority

Regional Transportation Authority

Continue reading "RTA Says Chicago Transit Authority Should Do More to Prevent Train Accidents" »