July 23, 2010

Chicago Train Derailment Personal Injury Claim Settled for $2 Million

A Chicago train accident case was recently settled on behalf of one of the passengers injured in the 2005 train derailment. The Metra train was operated by Northeast Illinois Regional Commuter Railroad Corporation, who has agreed to pay the plaintiff $2 million for the injuries he sustained as a result of the Illinois train accident. Hurley v. Northeast Illinois Regional Commuter Railroad Corporation, No. 05 L 10416.

Train%20Tracks%202.jpgThe injured Illinois resident suffered shoulder, hip, and leg injuries as a result of the Illinois train derailment. The plaintiff required multiple surgeries for his fractured him and underwent a lengthy physical therapy program. There were several additional passengers who were injured on that date and two women died; however, the $2 million settlement is for Kevin Hurley's injuries only. The families of the two women who died as a result of the derailment have previously settled their Illinois wrongful death claims for $11 million. Presumably the other parties have also filed their own claims against Metra.

According to the National Transportation Safety Board's railroad accident brief, the September 17, 2005 Metra derailment was the result of the engineer's failure to obey signals warning him to reduce his speed and failure to obey the speed restrictions at the train crossover. At the time of the accident the Rock Island Metra train was going 69 mph through a track crossover area; the maximum allowable speed is 10 mph. As a result of the high speeds and the severe angle of the track caused the wheels to jump the track and derail.

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June 21, 2010

CTA Red Line Train Fire Injuries Include Smoke Inhalation and Respiratory Problems

Late yesterday afternoon a fire developed on Chicago's Red Line train, halting traffic and forcing 19 passengers to the hospital. Five people were reported to have suffered serious injuries, including a 10 year-old boy who was observed overnight at Chicago's Children's Memorial Hospital.

Red%20Line%20El%201.jpgFirefighters were investigating the cause of the railroad fire and have identified the source as railroad ties catching fire on the train track between the Red Line's Chicago Avenue and Clark/Division stops. While it is currently unclear what caused the fire, Chicago Fire Department representatives have indicated that Chicago's summer heat occasionally causes the railroad ties to catch fire, but is more common on elevated trains than subway trains. Yesterday the high in Chicago was 78 degrees Fahrenheit.

Passengers aboard the Red Line subway train when the fire broke out reported black, billowing smoke that became so thick they could not see across the aisle. According to a Chicago Tribune article, by the time the train arrived at its next stop and passengers were finally able to exit, they did so in a huge rush, literally "fleeing for the exits".

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April 5, 2010

Cook County Personal Injury Claim for Fall at Metra Train Station Denied By Court: Illinois Tort Immunity Act Does Not Apply to Non-Train Passengers

A recent Cook County personal injury lawsuit examined the degree of care a railroad owes to its passengers. The Illinois personal injury case was brought by a commuter who alleged a dangerous condition at an Illinois Metra train station caused his injuries. Pence v. Northeast Illinois Regional Commuter RR Corp., No. 1-08-3668 (Feb 3, 2010).

Railroad%20Tracks%202.jpgAt the time of his injury, the Illinois plaintiff was making his way from a nearby parking lot towards the Metra train station. The plaintiff tripped over a railroad tie, fracturing his wrist and left shoulder. The plaintiff's lawsuit alleged that the railroad had breached the high degree of care that it owed to its passengers.

However, the plaintiff's personal injury claims were problematic because by definition he was not a passenger when he was injured. At the time of his injury, the plaintiff was walking diagonally across an intersection in an area that was not officially designated as a parking lot. This seemingly small detail opened the way for Metra to move for summary judgment under an argument that the railroad was insulated from liability under the Local and Government Employees Tort Immunity Act.

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March 31, 2010

Illinois Railroad Injury Verdict: FELA Claims Are Different Than Workers' Compensation Claims

A recent Illinois jury verdict against a railroad company illustrates the difference between Federal Employee Liability Act (FELA) claims and Illinois workers' compensation claims. The plaintiff was a railroad conductor who suffered severe injuries after being run over by a railroad car while working. As a result of the Illinois train accident the plaintiff required amputations of both his legs.

Train%20rails%203.jpgIf the plaintiff had been working for a construction company instead of a railroad company, than his injury would have been handled by the Illinois Workers Compensation Commission (IWCC) and he would have received immediate payments for his injury, medical care, and lost time from work. However, railroad employee injuries are covered under FELA, which puts the burden on the employee to prove that the injury was the result of the railroad's negligence and not the employees.

Similarly, employers whose employees are ruled by Illinois workers' compensation law are exempt from any lawsuits being filed against them by their employees as the result of an injury sustained at work. This protection is granted to those companies because of the assumption that if their employee is injured at work then the company will already be paying them under Illinois workers' compensation rules.

However, under FELA, the railroads do not have to pay the employee anything if the company deems that the injury was a result of the employee's negligence. So while the employee does not automatically receive any compensation from the railroad, the employee is also not barred from filing a lawsuit directly against their railroad employer. So while this Illinois train accident lawsuit was brought by a railroad employee against his railroad employer, Iowa Interstate Railroad, if the plaintiff had not been employed by a railroad he would not have been able to sue his employer.

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December 16, 2009

Chicago Man Receives Verdict Against Chicago Transit Authority (CTA) for Psychological Injury

On July 11, 2006, a Chicago Transit Authority (CTA) subway train caught fire and derailed during the evening rush hour. After the Chicago Blue Line train derailed, passengers were forced to exit the subway train cars and make their way to the surface. Many CTA riders were taken to nearby hospitals for treatment of smoke inhalation and other injuries.

Train%20doors%203.jpgA verdict for one of the passengers was recently returned on the first of the cases stemming from this Chicago train accident to go to trial. The Chicago man claimed that he suffered from psychological injuries, including post-traumatic stress disorder (PTSD), as a result of the Chicago train derailment near Clark and Lake Streets.

At trial, the plaintiff testified that he thought he was going to die given the amount of flames, heat, and smoke. Currently the plaintiff still rides the blue line train to his job as a docket clerk for a Chicago law firm. The jury wasconvinced of the seriousness of the plaintiff's psychological injuries and returned a verdict of $135,000 against the CTA.

According to court documents, it appears that the focus of the Cook County train accident trial was on damages only as a summary judgment was already entered against the CTA regarding negligence claims related to the 2006 incident.

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September 2, 2009

Illinois Metra Train Accident Results in $5 Million Verdict to Widow of Legally Blind Man

An Illinois wrongful death case was recently tried and found in favor of the decedent's widow, who was awarded $5 million by the Cook County jury. The verdict was against Metra and found the Chicago-based railroad liable for the Illinois train accident that caused the decedent's death.

Train%20platform%201.jpgOn the day of the Illinois train accident, the decedent was standing on a train platform at a Berwyn, Illinois train station and waiting for a train to take him to work. He was waiting in the same place he waited every morning, on the northeast corner of the platform. However, on that day the commuter train that normally arrived on the south platform had been re-routed to the station's north platform due to the approach of an unscheduled freight train, which required the waiting commuters to move to a different track.

A ticketing agent informed those commuters waiting on the south platform of the change in tracks and suggested they cross the train tracks while the gates were down. An announcement was also made over the public address system, however, the north platform that the decedent was standing on was not equipped with speakers. Therefore, what the blind decedent heard was an unclear, muffled message to which he responded to by crossing the tracks.

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August 28, 2009

Illinois Commuter Train Derailment Results in New Speed Limits

While speeding in any vehicle is never a good idea, for trains it can have disastrous consequences. Train speed limits are posted for a reason and can vary based on weather, track condition, or the length of the train. When these speed limits are ignored it can result in deadly train accidents.

Train%20doors%202.jpgThe Northeast Regional Commuter Railroad Corporation, a.k.a. Metra, recently reached a settlement with a Chicago resident who was injured in a 2003 train crash. The Metra conductor had been faulted for driving at increased speeds and was apparently distracted when he was going 68 mph in a 10 mph crossover. Following this Illinois train accident the speed limit in the area has been reduced by up to 40 mph.

The injured man was a passenger when the Metra commuter train derailed near 47th Street in Chicago and sustained a fractured arm, broken ribs, and spinal damage. During the case's discovery period Metra had admitted liability for the train accident. The case was settled for $2 million.

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August 10, 2009

Chicago Metra Train Death Results in $5 Million Illinois Jury Verdict

A recent Cook County jury verdict is a reminder of the dangers of railroad crossings and of Illinois train accidents. $5 million was awarded to the surviving family members of a 60 year-old man who was killed when his car was struck by a Metra train at a Chicago railroad crossing.

No%20RT%20turn%201.pngAs a Chicago commuter at least once a year I hear about a train accident at a Chicago crossing, oftentimes due to an impatient vehicle trying to beat the fast moving train. However, in this man's case a traffic signal was responsible for his death.

The 60 year-old male was driving southbound towards the crossing located near the intersection of Marshfield Street and 111th on Chicago's southside as the train was approaching. The City's traffic control system signaled east and westbound traffic to receive red lights at the crossing, but southbound traffic was given a green light. There was no indication to the driver that he should not turn right at the railroad tracks. The driver made his turn onto the tracks just as the train was approaching at 60 mph.

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June 19, 2009

Chicago Transit Authority (CTA) Accident Cases No Longer Subject to Six Month Notice Requirement: Illinois Governor Signs Bill Into Law

This month Illinois Governor Pat Quinn signed into law Senate Bill 84 (CTA §41 Notice Repeal), overturning a six-month requirement previously aligned with any Chicago Transit Authority (CTA) case. The rules under the new law are effective for any causes of action that accrue on or after June 1, 2009, such as Illinois bus accidents or Chicago train accidents.

IL%20State%20Seal%202.gifUnder the old requirement, any cause of action against the CTA had to submit a written notice to the CTA within six months of the relevant incident that advised the CTA of a potential cause of action. Failure to provide this notice barred the case from being brought. The formal notice required very specific facts regarding the action and essentially preserved the case for a later filing.

Under the newly passed law there is now no longer any required notice. However, a one year statute of limitations still stands for any and all CTA cases. This means that even though the required six-month notice has been repealed that an individual or party must still bring a cause of action against the CTA within one year after the incident occurred.

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January 21, 2009

Illinois Tort Immunity Act Does Not Apply to Metra or Other Common Carries in Train Accidents

In a recent ruling, a Cook County Circuit Court judge held that the substantive defense of tort immunity does not apply to common carriers because that would represent a procedural limitation on the assertion of a right. Ortiz-Rivera v. Northeast Regional Commuter Railroad Corp., d/b/a Metra, No. 07 M5 2363.

Train%20doors%201.jpgThe ruling by Judge Brosnahan is consistent with an Illinois Supreme Court ruling issued in April 2008 in Smith v. Waukegan Park District, 2008 WL 174664. In that case, the high court unanimously held that local governments are not immune from lawsuits alleging retaliatory discharge for the filing of a workers’ compensation claim.

Ortiz-Rivera involves a December 2006 incident involving a Cook County resident who was a passenger on a Metra southwest line train departing from Chicago's Union Station. In moving from car to car, the plaintiff, after releasing the door, it closed quickly and hit her fingers resulting in a broken left small finger. On the date in question that train, along with several others, had been delayed due to a snow storm.

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January 15, 2009

Amtrak Train Derailment at Chicago's Union Station Causes Long Delays

An hour or so before the evening rush-hour an Amtrak train derailment caused a massive schedule backup at Chicago's Union Station as all southbound tracks exiting the station were shut down. The derailment occurred after the wheels on two of the train's cars derailed. Officials are still looking into what caused the derailment.

Train%20rails1.jpgOfficials expected that the delays would continue into the Thursday morning rush-hour as they continued to work on clearing the damage caused by the derailment. For those of us who rely on public transportation every day, whether Amtrak, Metra, or the CTA, we take for granted that our trains and buses will operate smoothly and safely. Yet this is not always the case.

Whether through the fault of the train operators, faulty equipment, or just poor weather conditions, there are numerous ways that public transportation can take a negative turn. Fortunately, in yesterday's derailment of the 116 passengers on Amtrak's Southwest Chief, only one reported "not feeling well" following the derailment.

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