Metra Train Accident Lawyer
Disturbingly, Metra trains are one of the most common ways for Illinois residents to commit suicide. This, of course, is not Metra’s fault and there is no way to recover damages when an individual decides to take their own life using the train to do so. But not all of the lives taken by Metra trains are the result of suicide. Some are the result of the company or an employee’s negligence.
If that is the case, you need a skilled personal injury attorney who has experience litigating train accident lawsuits. The Kansas-based Pottroff & Karlin Law Firm focuses on railroad accident lawsuits and liability. Our clients are those who have suffered serious injuries or the families of those who have died on trains. They are passengers, employees, and those struck by trains while crossing the tracks. If you’ve been injured on a train or your loved one has lost their lives in a train accident, please give us a call at (785) 539-4656 or contact us online for a free consultation.
Common Reasons for Metra Train Injuries and Deaths
Aside from suicide, Metra has been sued for a number of injuries and deaths it has caused to passengers, employers, and others. In a personal injury lawsuit, however, the plaintiff has the burden of proving that the defendant was negligent. Negligence has a three-factor test. Those are:
- That the defendant owed a duty of care to the plaintiff,
- That the defendant breached that duty of care,
- Those injuries resulted from that breach.
In other words, your attorney needs to show that the train company somehow failed to take adequate care of their passengers, others who share the road, or its employees, and that failure was the proximate cause of their injuries.
Common forms of negligence that result in successful lawsuits include:
- Speeding when the train is behind schedule,
- Distracted, fatigued, or inebriated conductor,
- Improperly trained staff,
- Insufficient number of workers,
- Equipment malfunction due to poor maintenance,
- Defective train safety equipment.
Metra Sued for Death of Woman Struck by Train
On January 15th, of 2018 a woman was struck and killed by a Metra train while standing on the platform. Her mother is suing Metra for an undisclosed amount of money. She is alleging that the train company did not employ adequate safeguards to prevent such accidents.
Depending on the evidence presented by both parties, this is potentially an example of negligence. If the plaintiff can show that Metra’s inadequate safety measures caused the death of the young woman then Metra will be on the hook for the woman’s death and the plaintiff will win their wrongful death lawsuit against the train company.
Metra Settles Lawsuits for Two Deaths for $11 Million after Fatal Derailment
On September 17th, 2005 a Metra train derailment resulted in the deaths of two young women. An investigation was conducted into the incident and the cause was determined to be that the train was traveling at an unsafe speed.
Derailments often have some of the most devastating results for passengers and employees.
Injured Metra Employee Awarded $5.3 Million in Personal Injury Lawsuit
In 2017, an injured Metra employee was awarded $5.3 million by a jury that found Metra negligent for violating the Locomotive Inspection Act and the Passenger Equipment Safety Standards Act. These laws outline the minimum requirements for safety within train cars. Metra was obligated to keep its floors free of slipping hazards and in failing to so, caused serious bodily harm to one of its employees.
Employees of Metra cannot file workers’ compensation claims with their employer. Instead, employees must file a FELA order when they are injured on the job. Our personal injury attorneys can help Metra employees file lawsuits under this law.
Metra Derailment Results in $1.8 Million Settlement after Collision
Modern commuter trains have technology that can predict and avoid collisions before they occur. However, in 2012, Metra had not installed this technology. That resulted in severe injuries to a woman who was a passenger on a Metra train.
While the technology has found its way into most modern trains, train-on-train collisions still happen and they are deadly. Often they happen as a result of the failure of this technology.
Talk to a Skilled Train Injury Lawyer Today
If you’ve been injured on a commuter train like Metra, you very likely have cause to recover damages for your injuries. The train-accident attorneys at Pottroff & Karlin have handled cases just like yours all across the country. Give us a call and we can begin preparing your case immediately.
CALL NOW: 785-539-4656
