Chicago Railroad Accident Leads to $22 Million Settlement - 2011-10-21

In news from Chicago, the family of a woman who died in a train derailment in 2009 west of Chicago was awarded $22.5 million to settle a lawsuit against three railroad companies. The settlement was announced today and stems back to an accident involving a Canadian National Railway Company train with 114 cars including 74 tankers filled with ethanol derailed as it travelled from Freeport to Chicago.

In addition to the award for the victim's husband, the couple's 19-year-old daughter who was in the car at the time was awarded $13.75 million for injuries she endured in the crash. The daughter was more than six months pregnant at the time and lost the baby as a result of her injuries. Her case was settled during jury deliberations.

Railroad crossing accidents can have devasating effects on motor vehicles. When a train hits another vehicle -- a car, truck, or SUV -- the results are catastrophic.  Often, these accidents could have been prevented with an improved warning or simple maintenance by the railroad company (such as Union Pacific, Burlinton Northern Sante Fe, etc.)

• Did the crossing have lights, an alarm or a functioning crossing gate?  Were the flashing lights confusing or inoperative?
• Did the crossing have proper sight lines?
• Did vegetation and foliage prevent the driver from seeing the train?
• Did the engineer blow the train's whistle or horn as it approached the crossing?
• Does the train's data recorder show negligence on the part of the railroad company?

A railroad company is responsible for assuring that train crossing warning systems are active and in working order. Too often, for example, railroad companies allow weeds, grass, trees and other vegetation to overgrow near railroad crossings. This overgrown foliage prevents motorists from seeing an oncoming train.

The train accident cases at the firm have yielded several seven- and eight-figure results for the firm's clients. There are many safety issues that can help improve the safety of America's intersections of rail and vehicular traffic. When these intersections prove to be unsafe for citizens to traverse, the consequences for both those injured and those companies responsible can be severe.