Railroad Accident Laws in Illinois to Know |
Posted: September 17, 2017 |
All railroads in Illinois are regulated by the state and federal government. Sadly, crossings are one of the more common areas for catastrophic and devastating accidents. Whether it is a failure of the safety equipment controlling the crossing or driver error, these incidents lead to injuries and deaths each year. When a train strikes a vehicle at the crossing, the results are often fatal. If you were injured in an accident at a train crossing or you lost a loved one in this type of accident, it is imperative that you hire an attorney. The laws regarding these types of cases are complicated; therefore, you need an attorney to better assess liability and help you win your case. Who is Liable for a Train Crossing Accident?The state of Illinois has hundreds of train crossings where railroads cross on the roadway level with passenger vehicles. These crossings are dangerous not only for vehicles but pedestrians too. While some crossings have gates and warnings, others do not. After an accident at a train crossing, an investigation may reveal that negligence by the railroad company or engineer caused the accident. Some examples of negligence that would make the railroad or engineer liable include:
What About the ICC?In Illinois, there are an estimated 8,400 rail crossings, which is more than most states (aside from Texas). There are public bridge crossings, private bridge crossings, and trains that literally drive through downtown. There are also bridge crossings for pedestrians that help pedestrians cross dangerous railroads. The Illinois Commerce Commission (ICC) is responsible for issuing safety improvements and warnings at these crossings, which are then paid for by the state. The Illinois Department of Transportation (IDOT) makes improvements to the roads, but cannot use funds to improve rail crossings on state roads. Therefore, ICC is fully responsible for improving these crossings using the Grade Crossing Protection Fund (GCPF). Time is of the EssenceIn these types of accidents, time is of the essence. Railroad companies might send maintenance crews to correct the issues that caused the accident, such as correcting a warning sign defect or trimming vegetation that blocks signage. The sooner you enlist the help of an attorney, the easier it will be to collect, preserve, and use the evidence against the railroad company. Hiring a Chicago Railroad Accident Attorney is BestAfter an accident with a railcar, whether a private, state-owned, or federal service, it is imperative that victims seek representation from an attorney. The legal process for any personal injury claim is tedious and takes time. It can easily frustrate a victim and make them feel as though the process is pointless. By working with an experienced railroad attorney, victims can improve the chances that they will receive compensation for their case, but also that railroad company will correct these errors and future injuries will be prevented.
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