Chicago Personal Injury Lawyer Blog

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.

A 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.

Continue reading "Chicago Man Receives Verdict Against Chicago Transit Authority (CTA) for Psychological Injury" »

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Train Accidents

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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.

On 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.

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

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Train Accidents , Wrongful Death

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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.

The 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.

Continue reading "Illinois Commuter Train Derailment Results in New Speed Limits" »

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Train Accidents

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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.

As 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.

Continue reading "Chicago Metra Train Death Results in $5 Million Illinois Jury Verdict" »

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Train Accidents

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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.

Under 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.

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

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Bus Accidents , Illinois Legislation , Train Accidents

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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.

The 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.

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

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Illinois Legislation , Personal Injury , Train Accidents

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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.

Officials 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.

Continue reading "Amtrak Train Derailment at Chicago's Union Station Causes Long Delays" »

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Train Accidents

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