Chicago Accident and Injury Lawyer Blog

An Amtrak passenger train bound for Chicago, Illinois, derailed this morning after hitting a semi truck at a highway crossing in southern Michigan. According to the Chicago Tribune, the crash occurred after 8 a.m., near the town of Jackson, Michigan. The train started its service into Chicago from Pontiac, Michigan. In the derailment, the train's "engine came to rest on its side and the first two cars of the train were knocked off the rails." Several passengers and crew members were injured and treated at nearby hospitals. The driver of the semi truck was also treated at a local hospital.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll wish all involved a speedy recovery.

If you have been involved in a train accident in any way, you may be eligible for compensation, even if you were not on the train. Jeffrey J. Kroll has successfully represented individuals injured in train derailments in the past. In fact, his verdict for a man who sustained injuries (including Post Traumatic Stress Disorder) in a July 11, 2006 Chicago Transit Authority (CTA) subway train derailment was featured in the "2010-2011 Illinois Jury Verdicts" magazine published by the Law Bulletin Publishing Company.

Continue reading "MICHIGAN TO CHICAGO AMTRAK TRAIN DERAILS, SEVERAL PASSENGERS AND CREW MEMBERS INJURED" »

During the last few weeks of December, the First District Illinois Appellate Court decided what one trial judge called a "tragically bizarre case." As experienced Illinois personal injury attorneys, we read new court rulings on a regular basis. The "tragically bizarre case" was Zokhrabov v. Park, 2011 Ill. App. LEXIS 1298 (1st Dist. 2011). There, eighteen year-old Hiroyuki Joho was killed when an Amtrak train struck him while he was in a crosswalk at a Chicago Metra Station. A large portion of Joho's body "was propelled about 100 feet onto the southbound platform where it struck 58-year-old Gayane Zokhrabov from behind, knocking her to the ground. She sustained a shoulder injury, a leg fracture, and a wrist fracture." 2011 Ill. App. LEXIS 1298, *2. Zokhrabov sued Joho's estate for her injuries. The parties filed cross motions for summary judgment as to the proximate cause of the incident. Zokhrabov claimed Joho owed her a duty while walking in and around the Metra station and that he breached that duty when he: "(a) carelessly and negligently failed to keep a proper lookout for approaching trains; (b) carelessly and negligently ran in the path of an approaching [Amtrak] train; or (c) carelessly and negligently failed to yield the right-of-way to approaching trains." Id. Park, on behalf of Joho's estate, argued Joho did not owe Zokhrabov a duty of care. The trial court ruled in favor of Park. Zokhrabov appealed.

The First District Illinois Appellate Court, applying a traditional analysis of duty, reversed and remanded, finding Zokhrabov was a foreseeable plaintiff and that as a result, Joho owed her a duty. What does that mean? When determining whether a duty of care exists in a particular set of circumstances, Illinois courts will consider, among other factors, the reasonable foreseeability that the defendant's conduct may injure another. Other factors that courts consider are the reasonable likelihood of an injury, the magnitude of the burden imposed by guarding against the harm, and the consequences of placing the burden on the defendant. Id. at *10.

In the Zokhrabov case, the First District Appellate Court decided that it was reasonably foreseeable that a train would strike, kill and fling Joho's body onto the passenger platform where Zokhrabov was waiting for her train to arrive. The Court further found that Joho acted negligently by crossing the tracks when he did and that his negligence could cause someone else's injury. The reasonable likelihood of causing an injury was great given the speed and force of the oncoming Amtrak train. The magnitude of the burden imposed by guarding against the harm was insignificant; Joho only needed to take a moment to pause, look at the tracks and cross when it was safe. Finally, placing this burden on Joho would have been minimal. Id. at 22.

What about the fact that the trial judge called the accident "tragically bizarre"? That doesn't sound like something that can be considered "foreseeable," does it? The First District Appellate court had an answer: There is a general proposition that there is no duty to anticipate and prevent injuries that occur due to unusual and extraordinary circumstances. See, Cunis v. Brennan, 56 Ill. 2d 372 (1974). However, the Appellate Court did not find that proposition persuasive in this case. Since there are no Illinois cases factually similar to the Zokhrabov case, the Court relied on traditional duty analysis and found that the injury was foreseeable, thereby creating a duty of care.

Continue reading "FIRST DISTRICT APPELLATE COURT DECIDED WHAT TRIAL JUDGE CALLED A "TRAGICALLY BIZARRE CASE"" »

As Illinois personal injury attorneys, we must stay up to date on new laws at all times. Effective January 2012, Illinois legislatures have added over 200 new laws affecting Illinois citizens. WSILTV.com published a list of the new laws. Here are a few that could impact the rights of personal injury victims:

Motorcycle Red Lights (HB 2860/PA 97-0627): This new law permits motorcyclists, who are stopped at a red light, "to proceed through the light if, after waiting a reasonable length of time, the red light fails to change to green."

Seat Belts (HB 219/PA 97-0016): The Chicago Accident and Injury Lawyer Blog reported on this one in July of 2011. Illinois's new seatbelt law requires even adult passengers sitting in the back seat of a moving vehicle to wear a seat belt. The law also requires individuals 18 and younger, who happen to be riding in a taxi cab for school-related purposes, to wear a seat belt.

Smoke Detectors (HB 1398/PA 97-0447): This law requires "hotels to be equipped with at least one smoke detector within 15 feet of every room that is used for sleeping purposes." Hopefully, this law will help prevent fires that cause serious burn injuries and wrongful death.

Uninsured Driving (HB 2267/PA 97-0407): This law fixes a $2,500 fine, plus any applicable jail time, for individuals "convicted of driving an uninsured vehicle that results in bodily harm to another person," if the individual has "two or more convictions for driving an uninsured vehicle." A person convicted of third violation will be required to pay a $1000 fine, if the person has not caused bodily harm to another person.

Vehicle Occupancy Restrictions (HB 1315/PA 97-0017): The Chicago Accident and Injury Lawyer Blog also commented on this law back in July of 2011. The Vehicle Occupancy Restrictions law makes it illegal for passengers to ride in trailers, wagons and other vehicles while they are being towed on highways, with the exemption of farm-related activities and parades.

Medical Malpractice (HB 1476/PA 97-0449): This law permits the Illinois Department of Financial and Professional Regulation (IDFPR) to provide information to the public concerning complaints against doctors or medical professionals. The law will help patients more thoroughly research the doctors and medical professionals who treat them.

Continue reading "OVER 200 NEW LAWS ADDED TO ILLINOIS'S BOOKS" »

The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:

"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:

(1) the deceased person's surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "

Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.

The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.

Continue reading "ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS" »

Every month, Chicago personal injury lawyer Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, "Lawyers should take the reins with future damages", Jeff puts a holiday spin on the discussion of maximize damages for client's future medical expenses, lost earnings, future pain and suffering, disability, disfigurement and loss of consortium damages in a light of the ever-changing American economy and political climate. Here is an excerpt from his article:

My firm represents individuals who have been severely injured as a result of someone else's negligent acts. One of the most difficult tasks we have is ensuring our clients receive full and fair compensation. Before entering into a settlement or suggesting an amount of compensation to a jury, we must determine a sufficient amount of money that will provide for the individual well beyond the date of trial. Often, our clients' lives have been shattered by unnecessary and unexpected injuries. Many can no longer work or care for themselves.

In my humble opinion (with the full disclosure that I am a plaintiff's attorney), the injured party deserves the benefit of the doubt. This isn't just a "holiday, be generous" message. (Although, I am in the spirit this year; Christmas music plays in my office even as I write this article.) Who will care for the injured if their settlement or verdict award does not cover medical and daily living costs well into the future? I have yet to hear of Santa and his elves stuffing stockings with prescription medications, physical therapy, joint replacement surgeries or checks to cover insurance premiums. No one can depend on the future of Medicare and Medicaid either — nor should they have to. The harm perpetrated on the injured will consistently ripple through the individual's family, emotionally and economically. Not only do family members live with the changed — depressed and likely disabled — person, but often they also must care for the victim of negligence. The cynic will say "Well, that's the family's job. They should take care of them." But how fair is that?

The only way to protect the victim and the family, and to provide them with some piece of mind when it comes to future finances, is to maximize damages for future medical expenses, lost earnings, even future pain and suffering, disability, disfigurement and loss of consortium. Speculative damages, you might say. But there is nothing speculative about the ongoing pain and suffering that my clients will endure. Nor is there anything speculative about the medical care that they will require for the rest of their lives.

Then, there is the whole business of future damages discounted to present cash value. All future damages, except for pain and suffering, disfigurement, disability and loss of society and consortium, must be reduced to present cash value. This has become the preferred method of determining future damages. While there is no requirement that the trial attorney present actuarial or statistical evidence to the jury to determine present cash value (Robinson v. Greeley & Hansen, 114 Ill.App.3d 720, 725 (2d Dist.1983)), it certainly can be helpful at times. Of course, mortality tables also help plot the course. But how do we plan for other economic and political changes? Right now, the future of health care in this country is unknown. Regardless of which side of the aisle you prefer, we will all be affected by the changing American medical infrastructure at some point. Medical costs seem to be rising as quickly and as steadily as the cost of college. Life-care planners and economists can help us plan for our clients' futures, but we are ultimately the clients' advocates and must direct the outcome.

Read the entire article.

Continue reading "BALANCING LIFE AND THE LAW" »

The personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll just reviewed a new study released by the national consumer rights organization, the Center for Justice & Democracy, which found that news coverage of civil jury verdicts fails to provide an accurate picture of the civil justice system and that certain new media trends are making the situation even worse. As Chicago personal injury attorneys with over twenty years of experience handling high-profile cases, we were not surprised by these findings. We know that the American public rarely is exposed to the whole picture when it comes to lawsuits since large companies often employ large marketing and advertising agencies to spin the facts of lawsuits in their favor and against the innocent victims. The documentary "Hot Coffee" did an excellent job exposing the truth when it comes to the civil justice system and settlements and verdicts against companies, organizations, and/or doctors and hospitals.

The Center for Justice & Democracy's new study entitled Headline Blues: Civil Justice In The Age Of New Media, takes another look at the problems that media pose to the civil justice system, following up on its 2001 study, Reading Between the Headlines: The Media and Jury Verdicts, which "found the media’s coverage of verdicts to be deeply skewed, fueling common misperceptions that civil juries routinely award plaintiffs eye-popping verdicts for frivolous claims." While the new Headline Blues' study found the same to be true, it highlights new media trends that further distort reporting.

As one could imagine, the way that we obtain news on a daily basis has drastically changed since 2001. While traditional media sources, such as television and newspapers, have not been completely replaced, new outlets such as online newspapers, social media sites such as Facebook and Twitter, and even Google News, often draw in readers with a very limited description of a case and sometimes merely a headline, which may not accurately report a news story.

The researchers of the Headlines Blues' study searched Google News and the Top 25 blogs at Technorati blog for civil jury verdicts and settlements between May 1, 2011 and July 20, 2011. They selected articles reporting civil jury verdicts and settlements in cases involving physical injuries, examining several aspects of each article. The study found that 39 percent of the articles reporting a "plaintiff win" mentioned only the monetary amount of the award and the type of case in the headline, "but nothing about the defendant’s misconduct. Another 14.5 percent mentioned only the monetary award, excluding any information about the type of case or injury." As a plaintiff's personal injury attorney, I know that there can be a connection between the defendant's conduct and the amount of the verdict.

Our personal injury attorneys found this example from the study quite telling:

Headline: Woman wins $3.25 million in verdict [Mill Valley Herald, June 22, 2011]. The full article revealed:

"A Mill Valley woman who suffered severe chemical burns after a Lake Tahoe casino mistakenly served her a caustic cleaning solution in a water bottle has been awarded $3.25 million in damages by a San Francisco Superior Court jury, according to her attorney. "Julia Ellis received the award for medical bills and pain and suffering in a civil verdict delivered June 13, attorney Christopher B. Dolan said in a statement.

"Ellis was staying at Harvey’s Lake Tahoe on Dec. 2, 2007, when she asked a bartender for a bottle of water. Ellis was given a Harrah’s-branded bottle of water, took a large drink, and immediately began screaming in pain, Dolan said. She was taken to the hospital, where it was determined that the bottle contained a caustic cleaning solution.

"It was later determined that an employee had poured the solution from its larger storage container into an empty, unmarked water bottle and left it in the kitchen, where it was then inadvertently served to Ellis, Dolan said."

The study further found that for every story reporting a defense win, where a plaintiff received no award, there were six other stories reporting plaintiffs' wins, giving the skewed impression that plaintiffs win much more often than defendants. In fact, plaintiffs "prevail in only 51.3 of tort cases before juries, and 56.2 percent of the time before judges." Headline Blues, pp. 5-6.

The study recognizes that news outlets are pressured to produce news at a vastly accelerating pace; however, it also recognizes that the public and the civil justice system in general suffer as a result. Jeffrey J. Kroll has lectured for the Illinois Institute of Continuing Legal Education on the topic of managing the media in high profile cases, including how to deal with pretrial publicity.

Continue reading "MEDIA'S SKEWED COVERAGE OF THE CIVIL JUSTICE SYSTEM" »

Many of the personal injury clients that we serve at the Law Offices of Jeffrey J. Kroll must undergo MRIs prescribed by their doctors after becoming injured as a result of another person's negligence. An MRI, or magnetic resonance imaging, is a radiological technique that doctors use to see inside the body. MRIs are a common, diagnostic test, and typically make it easier for doctors to distinguish problematic tissues from normal tissues. MRIs differ from x-rays and CT scans by using magnetic fields opposed to radiation, which make x-rays and CT scans possible. MRIs are thought to be reasonably safe; however, as one recent CNN article pointed out, "if mistakes are made, they can hurt or even kill you."

CNN reported four main ways MRIs can go wrong:

(1) Projectiles: MRI machines contain powerful magnets that can attract other metal objects. Serious, injury-causing problems can occur if a patient is being scanned when a metal object collides with the MRI machine. CNN reported a New York child who "was killed in 2001 when the MRI machine sucked an oxygen canister into the machine where he was being scanned." Projectiles can be prevented if the MRI technicians follow proper policies and procedures.

(2) Burns: The RF transmitters in MRI can produce intense heat. Problems occur if a patient accidentally touches the walls of the MRI tunnel or is not checked properly for electrical conductors that can pick up concentrated RF frequencies. MRI technicians should make sure there is enough material between the patient and the wall to prevent burning.

(3) Hearing loss: If you have ever had an MRI, you know that the machines make a lot of noise. One CNN interviewee compared the MRI noise level to the level of noise exposure near a jet aircraft. Repeated MRIs raise the risk for hearing loss. Hearing loss can easily be prevented by providing patients with earplugs or earphones.

(4) Implants and medical devices: The magnetic fields in MRIs can move or damage metal devices implanted in a person's body, such as aneurysm clips and pacemakers. Although most current medical devices are MRI-safe, anyone undergoing an MRI should advise the MRI technician of the presence of a medical device before undergoing the scan.

To ensure your safety before undergoing an MRI, make sure you thoroughly complete MRI questionnaires or screening forms presented to you by the MRI facility. Review the answers with the MRI technician. You must also remove all metal from your body before an MRI. Any metal, such as a medical device or bullet, etc., which cannot be removed, must be discussed with a technician and a doctor. Be sure that you are provided ear protection that fits you properly. Notify the technician if you notice any open doors, loose wires or metallic objects that could be attracted to the magnetic field of the MRI machine. Avoid contact with the inside of the MRI machine's walls.

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll are dedicated to serving injured individuals and their families in personal injury and wrongful death actions. For over twenty years, Jeffrey J. Kroll has assisted injured clients in Illinois and throughout the United States. Our personal injury and wrongful death attorneys have achieved many multimillion dollar verdicts and settlements in a wide variety of practice areas including trucking accidents, auto crashes, medical malpractice, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading "WHAT TO KNOW BEFORE YOUR MRI" »

Our Chicago personal injury attorneys just read an Illinois First District Appellate Court decision, affirming a $4.75 million dollar judgment in favor of the estate of a legally-blind man, who was killed by a Metra train at a Metra Station in Berwyn, Illinois. The case is Eskew v. Burlington Northern and Santa Fe Railway Company.

The most interesting issues on appeal involved alleged jury misconduct and one juror's blog, describing her experiences while serving on the jury. According to the opinion, here is one of her entries:

"But I can tell you some stuff. At one point on Friday, in the privacy of the jury room, one of the jurors said, 'Well, all's that left now is deciding how much.' I looked at her in disbelief. 'Lalalalalalala!" I singsonged, holding my fingers in my ears. 'You cannot talk that way, Juror L,' I said, 'You have to wait until ALL the evidence is in and we've heard from ALL the witnesses." 'How come?' she said, *** 'It's clear to me who is at fault.' 'You don't know that," chimed in my buddy, Juror F. 'What if they show us a suicide letter?' 'There's a suicide letter?' 'No, no, no!' we said in unison, and then JF continued, 'but you don't know what else they might tell us or show us. You have to wait to make up your mind!"

The defense claimed that this blog entry and others showed that the verdict was the result of bias. The court disagreed, finding the blog entries did not show that the jurors were exposed to any improper extraneous information from an outside source. Also, while the blog entry showed that the jurors had discussed the case prior to hearing all of the evidence (which juror's are specifically instructed not to do during pretrial instructions), the Court found that the blog entries actually showed that the jurors were committed to keeping an open mind until all of the evidence had been presented. The court noted,

"The important question in this regard is not whether the jurors kept silent with each other about the case, but whether each juror kept an open mind until the case was submitted to them."

Although seemingly innocent in this case, juror's use of the internet during a trial could adversely affect the litigating parties, and should be discouraged. Judges should emphasize the preliminary cautionary jury instruction specifically prohibiting jurors from commenting on social media websites or conducting internet research during the jury process. Jeffrey J. Kroll has written and spoken about how disruptive jurors' internet use has proven to be during trials. Last October, his article "Jury Trials in the Digital World" was featured in the Chicago Daily Law Bulletin.

Continue reading "JUROR BLOGGING DURING TRIAL FOUND NOT TO HAVE AFFECTED VERDICT" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll enjoyed reading another great article by Jon Hilkevitch in his Chicago Tribune "Getting Around" column. This time he discusses the recent Northwestern University study, which seeks out ways to minimize pedestrian deaths on railroad tracks and at railroad crossings.

In the study, Northwestern University researchers looked at the 260 pedestrian deaths that occurred in the Chicagoland area from 2004 to 2010. During that time period, the study found that trains were responsible for the deaths of 251 pedestrians and nine bicyclists, with 120 deaths attributed to suicides. One of the most surprising details to come out of the study: most victims were adults, not children.

The study's findings identified suburban areas, particularly areas in Cook, DuPage and Lake Counties, deemed "hot spots" for incidents involving severe injury and death at a railroad crossings. The "suburbs with the highest annual risk for pedestrian fatalities on the rails include Barrington, La Grange, Villa Park, Lake Forest and Franklin Park."

In the Chicago area, fatal train v. pedestrian incidents occur nearly every 10 days -- with two occurring just last week, one in Vernon Hills, the other in Naperville. The study reported a great number of incidents occur during the commuting hours of 7 to 9 a.m. and 3 to 7 p.m. As a result, it is as important as ever to remain vigilant during these hours, especially in areas where pedestrians are required to cross railroad tracks to get to their vehicles after commuting.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON TRAIN V. PEDESTRIAN STUDY" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read an interesting article in the Chicago Tribune, reporting a study which found that people with a certain genetic make-up "displayed PTSD symptoms more frequently...." The researchers studied students from Northern Illinois University (NIU), in DeKalb, Illinois, who were studying at NIU on Valentine's Day in 2008, when a gunman tragically killed five people before turning the gun on himself.

Students with certain genetic frameworks (related to serotonin levels, which affects mood and mental function) exhibited PTSD-like symptoms, such as anxiety and nightmares, more frequently than others. Among the 204 individuals studied, "about 50 carried a variation in a gene commonly targeted by anti-depressants." Of those individuals with the variation, fifty-two percent reported experiencing PTSD-related symptoms after the day of the shooting.

Continue reading "GENETIC LINK TO PTSD FOUND" »

A California Zephyr train bound for Chicago, Illinois, derailed in Nebraska early Friday, August 26, 2011. According to the Omaha World-Herald, the train "derailed when it hit a crane boom used by a crew demolishing an abandoned grain elevator…." Nearly 200 passengers were shaken and stranded, when two engines tipped onto their side and three of seven train cars jumped the tracks. It is reported the 21 people were treated a local hospitals. This was the train's second wreck since leaving San Francisco earlier this week.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll wish all involved a speedy recovery.

If you have been involved in a train accident in any way, you may be eligible for compensation, even if you were not on the train. Jeffrey J. Kroll has successfully represented individuals injured in train derailments in the past. In fact, his verdict for a man who sustained injuries (including Post Traumatic Stress Disorder) in a July 11, 2006 Chicago Transit Authority (CTA) subway train derailment was featured in the "2010-2011 Illinois Jury Verdicts" magazine published by the Law Bulletin Publishing Company.

Continue reading "CALFORNIA TO CHICAGO TRAIN DERAILS IN NEBRASKA" »

In the aftermath of a deadly bus accident in North Carolina early last week, which killed a former North Carolina State college basketball player, USA TODAY has reported that "the number of fatal bus accidents… is much higher than the government reports...." In fact, USA TODAY found "[s]ome of the most disastrous motor coach accidents of the past decade — including a widely publicized crash in Tallulah, La., that killed eight people in 2003 — aren't included in statistics of fatalities from the National Highway Traffic Safety Administration (NHTSA), the government agency responsible for tracking accidents."

Why would NHTSA underreport crashes and fatalities? For a number of reasons, but mostly to maintain the impression that buses are safe in an effort to keep bus safety regulations at a minimum. In reality, the NHTSA data studied by USA TODAY revealed that motor coach crashes and fatalities have increased in recent years.

If you were injured as a result of the negligent action of a bus driver or bus company, you may be able to file a transportation negligence lawsuit. Family members of deceased victims of bus accidents also may be able to file a wrongful death claim. It is important to be aware of the statute of limitations for filing a claim for the injuries sustained as a result of a bus accident.

Continue reading "THE TRUTH ABOUT BUS AND MOTOR COACH SAFETY" »

Last week, a semi-trailer collided with an Amtrak train headed to Emeryville, California, from Chicago, Illinois, in rural Nevada, causing a train collision that resulted in numerous injuries, deaths and severe property damage. The National Transportation Safety Board (NTSB), who is investigating the matter, confirmed that the truck's driver received multiple prior driving citations, and that the Trucking Company, Nevada-based John Davis Trucking, received seven violations in the past nine months.

Five people and the driver of the semi-trailer were killed in the incident. The Chicago Tribune reported that the NTSB is currently investigating whether or not the truck driver's health played a role in the crash. A Nevada judge recently issued an order prohibiting Amtrak from destroying or disposing of any evidence having to do with the tragic collision.

Continue reading "CHICAGO TO CALIFORNIA AMTRAK CRASH" »

Chicago is a vacation destination. Around every corner, visitors can find interesting and appealing attractions and historical landmarks, from the Chicago River architectural tours to the Picasso at Daley Center Plaza. As one of the largest, and most beautiful cities in American (in my opinion), it is no wonder that Chicago has become a top spot for both tourism and business. In 2009, for example, Chicago attracted 39.5 million visitors, including 28.8 million domestic leisure travelers, 9.6 million business travelers and 1.13 million overseas visitors. Chicago Office of Tourism, 2009 Statistical Information.

While tourists come to Chicago to enjoy all that our fine city has to offer, no one ever expects to be involved in a life-altering automobile collision while on vacation. Unfortunately, with the hectic state of traffic in Chicago, visitors are often involved in automobile accidents while here. In such situations, visitors must understand the complexities of Illinois law and the avenues of compensation available to them. Illinois law may differ from the visitor's home state (or country) laws. With travelers involved, collision cases often become complicated due to out-of-state or out-of-country insurance companies, which often contract under a different system of justice, especially when a tourist is struck by a bus, cab or truck.

There are many issues to consider after an automobile collision, regardless of whether the victim is a tourist or not. As a result, any individual injured in car accident should consult an experienced Chicago personal injury attorney to identify the responsible party or parties, conduct an investigation and compile evidence. Numerous factors, such as insurance issues and monetary damages, require an in-depth analysis by an attorney with knowledge of Illinois law.

Continue reading "INJURED WHILE ON VACATION IN CHICAGO?" »

The U.S. Department of Transportation (DOT) has vigorously campaigned to prevent driver distraction due to the use cell phones or other mobile devices while on the road. Now, the DOT is turning its attention to the railways, recognizing that "all modes of transportation are susceptible to dangerous distractions caused by the improper use of electronic devices." Such distractions could cause train accidents, derailments and railroad crossing collisions.

According to Fast Lane, the official blog of the U.S. Secretary of Transportation, "railroads are poised to play an ever-greater role in the movement of people and goods." Thus, as those in the railroad industry, like everyone else, become more and more dependent on electronic devices, railroaders must be aware of hazardous distractions these devices could pose while operating rail equipment and working in rail yards.

Fast Lane reported that FRA Administrator Joseph Szabo addressed the Rail Safety Advisory Committee with a clear anti-distraction message:

"Despite specific restrictions and the increased attention the problem is receiving, we know that the improper use of personal electronic devices continues in the rail industry. There is more that we must do to make this behavior socially unacceptable in the workplace."

The FRA regulates rail safety across the nation. Railroad equipment is inherently dangerous even without the added distraction of mobile devices. Mr. Szabo advised: "When on duty, turn off personal cell phones and put them away. And if a cell phone is required for official business, make sure to carefully follow all regulations and work rules.”

Sound advice and a great idea. Of course, the implementation of the idea is what is important at the end of the day. Let's see it enforced.

Metra, the Chicago area commuter passenger service, has installed a new pedestrian grade crossing system at eight stations on its Union Pacific West Line beginning March 1, 2011. The system, named Another Train Warning System (ATWS), is the latest change by Metra and Union Pacific to improve the flow of commuter and freight traffic. ATWS, which employs audible and visual alerts to warn pedestrians at crossings near the stations that the second train is approaching or present, can be found at the Maywood, Melrose Park, Elmhurst, Villa Park, Glen Ellyn, College Avenue, Winfield and Geneva stations.

ATWS has not come without a trade off. Freight trains will no longer be held back from rolling through commuter rail stations along the Union Pacific West Line during rush hour. Metra has also eased its policy that formerly prohibited commuter trains from entering a station when another train was picking up or dropping off passenger.

All pedestrians and motorists, please be aware of these changes, which -- in my opinion -- come close to bordering on favoring productivity over pedestrian/motorist safety.

The causation standard in Federal Employers’ Liability Act (F.E.L.A.) cases has been known to be liberal since Congress enacted the Act in the early 1900s. Soon, the United States Supreme Court will review whether that standard is too lax when it considers McBride v. CSX Transp. Inc., 589 F.3d 388 (7th Cir. 2010). Specifically, the Supreme Court will address whether the FELA requires proof of proximate causation similar to the common law. Oral arguments and a Supreme Court decision on the issue are expected later this term.

In Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 506 (1957), the U.S. Supreme Court held "the test of a jury case [under the F.E.L.A.] is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought." Citing Rogers, the Seventh Circuit reiterated in McBride that a relaxed standard of causation applies under the F.E.L.A.

Unlike workers compensations laws, the F.E.L.A. requires that the railroad worker prove that the railroad’s negligence played a slight part in producing the railroad worker’s injury. As it stands, F.E.L.A. plaintiffs are not required to prove common law proximate causation. The F.E.L.A. plaintiff must only prove that his injury or death resulted in whole or in part from the railroad's negligence. To require railroad workers to provide proof of common law-like proximate causation will severely impact the otherwise broad remedial framework that the F.E.L.A. is meant to provide railroad workers.

Having recently secured a $1.5 settlement on behalf of an injured railroad worker, I am very interested to see how the Supreme Court will resolve this issue. According to the Federal Railroad Association, in 2010, there were nearly 4000 accidents involving on-duty railroad employees, which resulted in either injury or death. Raising the standard of causation in F.E.L.A. cases would conflict with the original intent of the F.E.L.A. – to eliminate common law barriers of recovery for railroad workers – and negatively impact railroad workers' safety and rights.

The Federal Railroad Administration investigators have determined that automated gates and warning devices at the railroad crossing at the 900 block of South Halsted Street in Chicago, had been disabled last Saturday due to a buildup of road salt that was interfering with electronic circuitry. The crossing was the scene of a crash involving two cars and a standing railroad car in the early hours of Monday, February 14, 2011. Four people were injured.

According to the Chicago Tribune, nearby residents had previously noticed problems with the crossing. Interviews by the Tribune revealed one of the injured reported: "There were no flares. There were no flashers. There was nothing."

Railroad crossings are dangerous and in approaching them, drivers must use the senses of sight and hearing in exercising a degree of care commensurate with the known danger. Hamilton v. Atchison, Topeka & Santa Fe Ry. Co., 175 Ill.App.3d 758, 760, 530 N.E.2d 268, 270 (3d Dist. 1988) (holding that a driver had a duty to exercise ordinary care and to look and listen for approaching train before crossing tracks, even when the gates may have been malfunctioning and remained down for 7 minutes).

Sometimes, however, circumstances exist that leave the driver unaware of the presence of a train. In fact, a stopped, unlit train can be just as dangerous as a moving one. Based on news reports, it seems that the February 14 automobile/railroad car crashes occurred in the dark, predawn hours and that the railroad car blocking the crossing was a large black tanker. The Tribune reported that preliminary reports suggest the railroad company had taken certain safety precautions on Monday morning as required by the federal "stop and flag'' rules. However, based on the comment by one of the injured, it appears that such safety precautions may not have been adequate.

Continue reading "INACTIVE RAIL-CROSSING WARNING SYSTEM CONTRIBUTED TO SOUTH SIDE CRASH " »

Many of the nation’s railroads and highways converge in Illinois. As a result, the City of Chicago has long been known as the nation’s transportation hub. The amount of railroads, elevated trains and subways, semi-trucks and trailers, etc. that pass through the area on a daily basis can leave motorist and pedestrians at risk.

In the first nine months of 2010, fatalities from crashes between cars and trains at public railroad crossing were up compared to that same period in 2009, according to the Illinois Operation Lifesaver program. As always, it is important for motorists and pedestrians to take safety precautions around moving trains. The speed and required stopping time of trains can often be deceiving to drivers. A train attempting to make a stop after traveling 55 miles per hour may travel over a mile of track before coming to a complete stop.

People injured in trucking or train accidents can sue the driver and/or railroad or operating agency for damages including pain and suffering, medical costs, loss of income, disability and disfigurement. Often, there are other considerations that the injured individual should discuss with an attorney, including the proper time period in which to bring a lawsuit after an accident. Additionally, since there are often many factors that cause auto-train accidents, there may be many parties who may be responsible for your injury, loss of income, or pain and suffering.

Continue reading "NUMBER OF AUTO-TRIAN COLLISIONS INCREASED IN 2010" »

As a Chicago personal injury attorney who handles litigation against the CTA, I am pleased with the Illinois Appellate Court's opinion in the matter of Torf v. Chicago Transit Authority, No. 1-09-1710. The court reversed the circuit court's entry of summary judgment in favor of the CTA. The circuit court found the CTA immune from liability under the Metropolitan Transit Authority Act, 70 ILCS 3605/27 (2008).

Plaintiff, Torf, alleged that the CTA owed a duty to exercise the highest degree of care in operating a train and that defendant breached that duty in four ways: (1) the CTA failed to maintain the train so as to avoid discontinuation of service between the platforms; (2) failed to provide a safe means of egress for passengers to evacuate; (3) failed to provide clear instructions dictating safe evacuation to avoid chaos and (4) failed to provide assistance to passengers evacuating the train to avoid injury.

One enormous benefit of litigation to society is the opportunity for change that it provides to corporations and municipalities. I have represented numerous injured plaintiffs in litigation against the CTA. In the CTA Blue Line derailment, there were complaints of the poor manner in which the CTA handled the evacuation of the train. According to the court's opinion in Torf, approximately an hour-and-a-half passed between the time that the train stopped on the tracks and the time that a voice came over the speaker to tell the individuals in Torf's train car to evacuate. The transportation manager for the CTA who gave a discovery deposition testified regarding policies in place for the evacuation of trains, but did not know if the CTA had employees at each car helping people to evacuate. Could more have been done to create order during the evacuation to avoid Torf getting pushed off the train car causing her to fall?

Public transportation is a wonderful asset to our community. The CTA has a history of derailments and emergencies. Safe egress from a stopped or derailed train is a CTA policy that should be followed by CTA management and employees.

Part of the agreement that permitted Canadian National Railway (CN) to acquire the 198-mile EJ&E freight, which runs in an arc from Waukegan, Illinois to Gary, Indiana, required the installation of signs that prominently displayed emergency information including emergency phone numbers and information identifying crossing markers to "enable drivers to report accidents, malfunctioning warning devices, stalled vehicles or other dangerous conditions."

Recently, the suburban coalition called The Regional Answer to Canadian National, or TRAC, opposed to CN’s increased rail activity in their towns has complained that the signs are so small that drivers cannot read the information on the signs from their vehicles. The acquisition has been riddled with opposition in fact. Earlier this year, the SurfaceTransportation Board (STB) demanded that CN explain discrepancies in its report of railroad crossing blockages caused by the railroad.

A railroad crossing is a place where a street or highway crosses railroad tracks either at grade (where the street or highway and the railroad are at the same elevation) or by a separation of grades. It may also apply to locations where railroad tracks cross a roadway or sidewalk. Typically, railroad companies own, install and maintain railroad tracks, the rocky bed around and under the tracks (referred to as ballast), and the traffic control devices on either side of the tracks. When numerous freight and commuter trains occupy train tracks that cross a street or highway, a blocked railroad crossing results.

The recent events surrounding CN are particularly concerning because motorists and pedestrians depend on railroads to operate and maintain crossings. In many of the affected towns, students are required to traverse these railroad tracks daily. When railroad warning systems malfunction due to negligence, the public suffers the consequences. Many train accidents and derailments could be prevented by proper maintenance of trains and crossing guards, as well as by railroad employees’ following of proper procedures.

Earlier this month, the federal government ordered Illinois (and nine other states) to develop plans to reduce the number of accidents at railroad crossings or risk lossing funding.

According to the Chicago Tribune, since 2006, Illinois has had approximately 588 grade-crossing accidents involving trains, vehicles and/or pedestrians, which resulted in 98 deaths. Illinois has the second-highest number of rail-crossing accidents in the nation, after Texas.

The federal government's new rule requires the 10 targeted states to develop specific solutions for improving safety, while focusing on crossings where multiple accidents have occurred and locations that are considered at high risk for accidents.

According to the Tribune, state officials "said they are working with communities along Amtrak's Chicago-to-St. Louis route … to close as many of the approximately 300 crossings along the route as possible; to install improved protective gates at the remaining crossings to keep vehicles off the tracks when trains are approaching; to build overpasses and tunnels; and to line pedestrian areas near tracks with fencing to deter people from trespassing on tracks."

The rule becomes effective Aug. 27, 2010.

The attorneys at the Law Offices of Jeffrey J. Kroll have experience handling railroad injury cases. In fact, early this year Jeff Kroll published an article entitled "Handling a Railroad Crossing Case" in the Illinois Trial Lawyers Association Trial Journal. You can read his entire article here.

A person was struck by a Metra train this morning during the height of the rush hour, the SunTimes reports. The accident occurred in the Roseland neighborhood on Chicago's south side. The accident occurred at about 7:14 a.m. at 11100 South Cottage Grove Avenue according to a spokesman for the Chicago Fire Department. The train involved in the accident was an inbound Metra electric train, No. 106, due to arrive downtown at 7:51 a.m. Details of how the accident occurred have not yet been made available by authorities.

Continue reading "PERSON STRUCK BY METRA TRAIN DURING MORNING RUSH HOUR" »

The papers reported another tragic railroad-related death this morning. Melinda Carter, a Chicago woman and CSX Corporation employee was struck and killed by a locomotive Friday evening.

Ms. Carter was conducting a routine switching operation when she was struck by a locomotive in CSX's rail yard in Riverdale. An experienced railroad worker, Ms. Carter was a member of CSX's safety committee. Officials continue to investigate the incident.

At this point, you might be asking yourself: What are railroads doing to prevent train accidents? The Federal Railroad Administration (FRA), the division of the United States Department of Transportation that regulates railroad track safety, lists positive train controls (PTC) as the leading technology in the prevention of train accidents. According to the FRA website, this technology can automatically control train speeds and movements when a locomotive engineer fails to obey stop signals, notify engineers when a car is on the tracks, and prevent casualties and injuries to railroad workers, among other things.

All railroads should begin installing and implementing such life-saving technology as soon as possible. The Rail Safety Improvement Act of 2008 (RSIA) (signed by the President on October 16, 2008, as Public Law 110-432) has mandated the widespread installation of PTC systems by December 2015.

Just days after Canadian National Railway (CN) employees disengaged grade-crossing warning devices at Stuenkel Road in University Park last Friday, causing the tragic death of 26-year-old Katie Lunn, the U.S. Surface Transportation Board (STB) demanded that CN explain discrepancies in its report of railroad crossing blockages caused by the railroad. (As background, last year, the STB required CN to report every blockage lasting 10 minutes or more as a condition of its approval of CN's recent acquisition of the EJ&E railroad lines, which run from Waukegan, Illinois to Gary, Indiana).

In CN's report to the STB for the months of November and December 2009, it listed only 14 instances of grade crossings blockages for 10 minutes or more. However, an audit of CN's own equipment reported blocked grade crossings in 1,457 instances at 85 different crossings along the former EJ&E lines during that same two month period.

A railroad crossing is a place where a street or highway crosses railroad tracks either at grade (where the street or highway and the railroad are at the same elevation) or by a separation of grades. It may also apply to locations where railroad tracks cross a roadway or sidewalk. Typically, railroad companies own, install and maintain railroad tracks, the rocky bed around and under the tracks (referred to as ballast), and the traffic control devices on either side of the tracks. When numerous freight and commuter trains occupy train tracks that cross a street or highway, a blocked railroad crossing results.

The recent events surrounding CN are particularly concerning because motorists and pedestrians depend on railroads to operate and maintain crossings. When railroad warning systems malfunction due to negligence, the public suffers the consequences. Also, blocked crossings, like those caused by CN, cause severe traffic congestion and can lead to accidents involving numerous cars and pedestrians.

Continue reading "DANGERS ASSOCIATED WITH BLOCKED RAILROAD CROSSINGS" »

Shortly before a deadly crash in which an Amtrak train struck an SUV driven by a Chicago woman, Canadian National track crew inadvertently turned off the gates and warning lights at the Steunkel Road rail crossing in University Park late last week. Witnesses reported that no lights came on and no gates came down at the crossing. Video cameras aboard the Amtrak train also confirmed witnesses reports. Now state and federal investigators have identified the reason why the gates and lights failed to activate.

Sadly, the Chicago Tribune reported that a 26-year-old woman was killed by an Amtrak train on Friday in south suburban University Park. The woman was driving her car over a railroad crossing after leaving Governor's State University when the incident occurred.

The Tribune stated that Canadian National Railway Company, the owner of the tracks, is currently investigating whether the railroad crossing's signal system was working properly at the time. People familiar with the intersection claim this railroad crossing is problematic.

In general, railroads have a duty to provide adequate warning devices at their rail crossings. Anderson v. Chicago Cent. & Pac. R.R. Co., 771 F. Supp. 227, 229 (N.D. Ill. 1991). Where railroad crossings are maintained by a railroad, the public has a right to rely on the railroad to keep them in efficient working conditions. Langston v. Chicago & N.W. Ry. Co., 398 Ill. 248, 254 (1947).

The attorneys at the Law Offices of Jeffrey J. Kroll have experience handling railroad injury cases. In fact, early this year Jeff Kroll published an article entitled "Handling a Railroad Crossing Case" in the Illinois Trial Lawyers Association Trial Journal. You can read his entire article here.

The Law Offices of Jeffrey J. Kroll filed a lawsuit today against Hulcher Services, Inc. alleging negligence in a December, 2008 rail yard incident wherein Plaintiff, Michael Haddix, sustained serious injuries causing him to lose all five toes on his left foot.

At the time of the incident, Haddix, a trainmaster, was a 16-year veteran with the Belt Railway Company of Chicago. At the rail yard, two train cars were locked together when a pin lifter on the coupling became jammed. Hulcher Services, Inc. brought in a hi-rail crane to uncouple the train cars. The crane was improperly supported and shifted causing Plaintiff's severe injuries.

Continue reading "CRANE INJURY ATTORNEY FILES LAWSUIT ON BEHALF OF INJURED RAILROAD WORKER" »

Northwestern University's "Medill Reports Chicago" featured an article regarding a client of the Law Offices of Jeffrey J. Kroll, for whom Jeffrey J. Kroll and Heather Begley won a $135,000 jury verdict against the CTA. The article, entitled "Other subways move more people, but CTA leads in derailments," stated that the CTA has derailed 13 times since January of 2005 - more than both the New York City Subway System and the Washington Metro combined. Many of the derailments have been attributed to decrepit equipment and poor employee training.

In February of 2010, the Chicago Tribune reported that the CTA plans to pay $674 million to purchase new train cars and retire train cars that have been in use since as far back as 1969. Let's hope that the purchase of the new train cars is a step in the direction of increased safety initiatives for the CTA and helps avoid derailments.

Oprah Winfrey highlighted the dangers of distracted driving on her January 18, 2010 show. Oprah is asking everyone to take a "no phone zone" pledge promising to not text or talk on the phone while driving.

As a Chicago personal injury attorney, I have seen the devastating effects of distracted driving and have made an effort to increase public awareness of the problem on this blog. From Boston, to California, here in Illinois, and around the world, distracted driving is a serious problem. It is great to see Oprah focusing everyone's attention on this serious hazard.

Remember, while texting and talking are serious forms of distracted driving and behavior that need to be stopped, please do not do anything that diverts your attention from the road in front of you!

On January 11, 2010, at about 7:00 a.m., an inbound Metra train struck a sport utility vehicle at a railroad crossing at 111th and Hale in Chicago.

The train originated in Joliet and was heading to the LaSalle Street Station.

Jeffrey J. Kroll's article, "Handling a Railroad Crossing Case" was published by the Illinois Trial Lawyers Association (ITLA) in its Winter 2010 publication, "Trial Journal." The article provides tips on how to handle a railroad crossing injury case and deal with preemption issues that too often prevent accident victims and their families from obtaining legal recourse for their injuries.

A 4-year old boy's foot became trapped in the doors of a local Metra train on Saturday afternoon. Luckily, his boot was the only casualty.

According to the boy's mother, she and her two children, ages 4 and 11, took the 5 o'clock train from Union Station in Chicago to Worth. Upon arriving at the Worth stop, she and her 11 year-old daughter stepped off the train, but when she turned to get her son, the doors were closing on him. She was able to grab him, but the doors continued to close and the train started to move, with the 4 year old's foot still inside. She was able to free his foot from the doors, though his boot was left behind.

Metra is currently investigating the incident, acknowledging that the two-person crew working the train may have failed to check the cars, doors and platforms before moving, in violation of established protocol. Metra plans to hold hearings with the employees involved to determine what happened. Metra will also interview the boy's mother.

The derailment of a CTA green line train this past Saturday morning led to minor injuries for 14 passengers and the firing of 4 CTA employees who were operating the train at the time of the derailment.

According to CTA officials, an ignored stop sign caused the derailment. When the operator went past the signal without stopping, the track switch was not aligned for passage, causing the first of six train cars to derail. Investigators have determined that the cause of the derailment was most likely due to employee error not an equipment malfunction.

All four employees operating the train were subsequently fired. The injured were transported to local hospitals for medical care. The other 34 passengers refused treatment for bumps and bruises suffered in the accident.

Continue reading "CTA GREEN LINE TRAIN DERAILS; 14 INJURED" »

An $135,000 verdict was awarded by a Cook County jury in the first case to go to trial arising out of the July 11, 2006 CTA Blue Line derailment. The plaintiff, who was represented by the Law Offices of Jeffrey J. Kroll, suffered psychological injuries after riding in the eighth car of the train that derailed in the tunnel between the Clark and Lake Street station and the Grand and Milwaukee station in Chicago. The plaintiff's medical bills were approximately $13,000.

Judge Susan Zwick entered the judgment order today in the Circuit Court of Cook County.

The Law Offices of Jeffrey J. Kroll is scheduled to give its closing argument in the matter of Martinez v. Chicago Transit Authority on Monday morning before the Honorable Judge Susan Zwick in Courtroom 2609 of the Daley Center. The case arises out of the July 11, 2006 derailment of a northbound Blue Line train and is the first trial to take place arising out of the derailment.

Continue reading "CTA "L" TRAIN DERAILMENT ATTORNEY TO GIVE CLOSING ARGUMENT ON MONDAY, DECEMBER 14, 2009" »

In the wake of mass transit accidents in Boston and Los Angeles caused by train operators distracted by texting while driving, the CTA enacted new regulations prohibiting the use of personal cell phones and other electronic devices while on duty.

According to exclusive reports in the Chicago Tribune, the zero-tolerance rule has led to the firing of ten CTA bus drivers and one rail employee in the last four months. Thirteen bus drivers were also suspended without pay based on "significant yet disputable evidence" against them. There have been 27 other cases where no action was taken against the employee because of insufficient evidence of a violation.

The new policy, enacted in August, has resulted in a significant decrease in the number of complaints from the public and CTA personnel regarding cell phone use by employees. Indeed, 297 complaints were filed in the first 7 months of 2009, averaging out to 42 per month. After implementing the new strict policy, however, the number of complaints between August and November totaled 69, averaging out to 17 per month.

CTA employees seem to be taking the new policy seriously, as they should; the zero-tolerance policy makes even first-time offenders eligible for dismissal.

Train operators, rail maintenance workers and rail-station customer assistants are prohibited from using or possessing personal cell phones, smart phones, personal digital assistants such as BlackBerry devices, MP3 music players, wireless headsets or any other electronic device. The same rules apply to bus drivers, unless a personal cell phone is being used to contact the CTA control center after the bus has been stopped at a curb.

The CTA encourages people to report violations of the rule by calling 888-968-7282 or emailing feedback@transitchicago.com.

Working for the railroad is not easy work. With a railroad job, serious injuries and deaths often occur due to the nature of the job and some of the risks associated with railroad employment. Congress recognized this in 1908 and enacted the Federal Employer’s Liability Act (FELA). FELA provides benefits for railroad workers who sustain injuries in the scope of their employment. Individuals who have been injured while working for the railroad, such as a brakeman, maintenance worker, engineer, fireman, switchman, conductor, yard master or any other railroad jobs, are entitled to file a FELA claim for monetary damages. The monetary damages under FELA are not subject to any cap or limitation in recovery.

There are three basic requirements that must be established under FELA in order for an injured railroad worker to recover damages. They are as follows:

- The accident must have occurred in the course and scope of the worker’s employment with the railroad. This does not require that the accident occur on railroad property. Conversely, as long as the injury occurs in the furtherance of the worker’s employment, that individual is covered by the act.
- The railroad must be engaged in interstate commerce between two or more states.
- The railroad must have caused or in some way contributed to the injuries sustained by the railroad worker.

There are several different types of monetary damages which are recoverable in an FELA case. For example, an injured worker can recover past and future medical hospital expenses; past and future lost earnings; past and future physical pain and mental suffering; and, past and future disability, to name a few. There are additional FELA benefits which are recoverable when a railroad accident results in the railroad worker’s death.

Continue reading "CHICAGO RAILROAD NEGLIGENCE LAWYER EXPLAINS THE FEDERAL EMPLOYER'S LIABILITY ACT (FELA) " »

The number of public transit riders seems higher than ever. Here are a few tips on staying safe as a commuter:

∙ Trains can come on any track, at any time from either direction. Never assume you know when and where to expect a train.

∙ Cross rail tracks only at clearly marked and designated crossings, and look both ways for trains before crossing.

∙ Slow down and be alert near commuter rail stations. Pay special attention for trains, pedestrians, bicyclists, buses and cars.

∙ While waiting for the train, always stand behind the yellow line on the station platform.

∙ Never lean over the yellow line because you may fall over onto the tracks.

∙ Listen for bells and horns because they can alert you of an oncoming train-even if you cannot see it.

∙ Cross rail tracks only at clearly marked crossings.

∙ Never run on a station platform.

∙ Do not approach a train until it has come to a complete stop.

∙ Do not stick arms or legs in train doors to prevent them from closing.

∙ Do not skateboard, rollerblade or bike on a train station platform.

∙ When riding a train, you should remain seated but if you must get up use handrails due to unexpected movements or stops.

∙ Never place or throw anything on rail tracks. Foreign objects may cause trains to derail, potentially injuring passengers and bystanders. Also, objects on the rails may also shoot out from under train wheels endangering bystanders.

∙ During the winter months or wet weather, be careful on the station platforms or tracks as they may be slippery.

∙ Stay alert. Trains are more difficult to hear and see during storms.

∙ During the winter and wet conditions, train passenger car floors may be slippery. Use caution and handrails when boarding and exiting trains.

A retired University of Illinois professor, his wife, and their 9-year-old granddaughter were riding in a vehicle Monday afternoon near the LaSalle County line when they were struck by an Amtrak passenger train bound for California. Two other grandchildren, ages 10 and 7, were injured in the collision and taken to a hospital in Rockford. No passengers aboard the train were injured.

Initial police investigation evidence suggests that the southbound vehicle did not stop at the railroad crossing, but rather entered the crossing and was struck by the lead engine of the westbound train. The LaSalle county sheriff's office is continuing its investigation and has not released who was driving the vehicle at the time of the accident.

Just last week five teenagers in Michigan were killed when they tried to cross railroad tracks in the face of an oncoming train. These needless accidents are tragic and preventable. Please take caution when you approach a railroad crossing. Keep in mind that trains are much closer and faster moving than they may appear. Do not try to beat the train. Heed the warning signals and the gates. Waiting those few minutes for a train to pass will be worth it.

My most sincere condolences to the families affected by this tragedy.

Continue reading "3 KILLED IN CAR-TRAIN ACCIDENT" »

A Chicago-bound Amtrak passenger train carrying 170 people collided with a car at a railroad crossing near Detroit on Thursday. All five passengers in the car were killed. The victims ranged in age from 14 to 19.

The railroad crossing has a gate and flashing lights that were believed to be working when the collision occurred. Based on witness accounts, police suspect the sedan went around the gate in an attempt to beat the train. The train travels 67 miles per hour at this particular crossing.

The accident occurred around 12:30 p.m. on Thursday in Wayne County, Michigan, about 20 miles west of Detroit. The vehicle was heading north when it attempted to cross the tracks and was struck. The train pushed the car about one mile from one road crossing to another. The victims remained in the car for more than three hours after the collision while police investigated.

An Amtrak spokesman said that the train crew was doing exactly what it should have been doing and that there was no malfunction of the train.

According to the Federal Railroad Administration, 119 people died in train accidents in which trains struck vehicles or pedestrians at railroad crossings.

The Center for Disease Control reports that a train hits a person or vehicle approximately every two hours. Of these collisions, nearly half occur at crossings with functioning, active warning devices. The CDC urges drivers to remember that trains cannot stop quickly or swerve to avoid collisions - an average train going 55 mph takes more than a mile to stop!

Keep the following safety tips in mind when you approach a railroad crossing:
* LOOK both ways before crossing. Trains can come from either direction.
* Come to a complete stop at all crossings with passive warning devices (no gates or flashing lights). Use caution and be prepared to STOP at all crossings with active warning devices (flashing lights, gates).
* Be aware that trains are much closer and moving faster than they appear to be.
* Never back up or stop on tracks. If gate comes down on the vehicle,
keep going through the crossing.

My most heartfelt condolences to the families of the teens killed in this preventable accident.

Continue reading "FIVE TEENS KILLED IN CAR/TRAIN COLLISION" »

A rush-hour collision between two Metrorail transit trains killed 7 and injured scores yesterday in Washington, D.C. The accident occurred along the Red Line just before 5 p.m. EST on an above-ground track in the District of Columbia near the border with Takoma Park, Maryland. Both trains were on the same track, headed in the same direction, south out of the Fort Totten station. A member of the National Transportation Safety Board (NTSB) said the trailing train struck the other train from the rear and "its first car overrode the last car of the other train in an accordion fashion."

Metrorail officials do not know the cause of the collision and are not likely to know the cause for several days as the investigation unfolds. Recent reports note, however, that the train that slammed into the other was part of an aging fleet that federal regulators had recommended be phased out or retrofitted three years ago. NTSB officials consider the Metrorail transit system's inaction "unacceptable."

Investigators hope to recover recorders from the train which was struck. The recorders can provide key information, include speed and other data. Unfortunately, the trailing train that struck the other train was part of an older fleet that was not equipped with the devices.

Yesterday's crash was the worst in the history of Metrorail, which has shuttled tourists and commuters to and from the nation's capital for more than thirty years. In January 1982, a derailment killed three people. The only other collision between Metro trains occurred in 2004.

A train derailment in Rockford Friday night left at least one woman dead and three others with serious burns. The 114-car Canadian National Railway train derailed around 8:30 p.m. Canadian National Railway Company officials say 18 cars loaded with ethanol left the tracks, exploding into flames.

The cause of the accident is still unclear. National Transportation Safety Board (NTSB) officials say that identifying a cause of the derailment could take a year. The NTSB has conducted initial interviews with the train's crew and investigators are looking for witnesses.

It is unclear at this point what role, if any, the water levels may have played in the accident. Parts of northern Illinois had record rainfall on Friday, with some areas getting as much as 4 inches. There was high water along the northern Illinois rail line. Investigators are also trying to determine if automobiles played any role in the derailment.

Three motorists, including a 17 year old girl, who were stopped at a train crossing suffered serious burns. Another woman abandoned her car at a rail crossing and made it 20 feet before she fell and died. The cause of the woman's death has not yet been determined.

The derailment and subsequent fire caused the evacuation of nearly 600 nearby homes. The train cars continued to burn on Saturday, keeping investigators at bay. Sunday was the first full day federal investigators spent at the accident site and it appears that they will spend many more days there in an effort to determine what caused this tragic and costly accident.

At least nine people were reported injured when a car went off the road and collided with a CTA Blue Line train on the Eisenhower Expressway in Chicago, IL early on June 11, 2009.

Crews responded about 4:20 a.m. to a report of a crash with injuries on the inbound Eisenhower Expressway (I-290) near Austin Boulevard. According to police, the chain of events began when a 2008 white Dodge Charger driven by Jose Rivera, 31, of the 1500 block of North 31st Street in Melrose Park, rear-ended a woman driving a 2007 Ford Taurus, causing them both to lose control.

The woman struck a guardrail, but Rivera's vehicle flipped over and crossed the tracks.

The crash occurred in a construction zone where the speed limit is 45 miles per hour.

Rivera got out of the car and took off. The car was abandoned for a few minutes when the train hit it. Rivera was cited with improper lane usage and no insurance but further citations are pending the crash.

Continue reading "CAR COLLIDES WITH CTA BLUE LINE TRAIN ON EISENHOWER" »

A trolley conductor texting his girlfriend while operating the trolley underground in Boston Friday night collided with another trolley, injuring 49 people on board. The trolley slammed into the rear of another which was stopped at a red signal.

The conductor admitted to police that he had been texting with his girlfriend prior to the collision. Daniel Grabauskas, general manager of the Metropolitan Boston Transit Authority, said the conductor told detectives that, when he looked up from text messaging, "it was too late as he applied the brake and the train struck the other trolley." Grabauskas added that the 24 year old conductor, who has worked for the MBTA for more than two years, will probably be fired. In a more recent development, the MBTA has banned the possession of cell phones by trolley operators while they are on duty.

This story once again proves that texting while driving, be it a trolley or a car, is incredibly dangerous. Nearly fifty people were injured because of one person’s irresponsible inattentiveness. It is absolutely unacceptable that a person charged with responsibly transporting commuters could be so reckless with his duties.

Recent studies have concluded that texting while driving is actually MORE dangerous than driving drunk. The Transport Research Laboratory in the U.K. found that when subjects were text messaging and driving at the same time, reaction speed was reduced by 35 percent, thereby increasing the likelihood of an incident. Those that were driving and drinking within the legal limit only suffered a 12 percent loss of reaction speed, and those that were driving under the influence of marijuana had their reaction speed reduced by 21 percent, 14 percent lower than while driving and texting. Another startling statistic: According to the study, those that were texting and driving reduced their steering ability by 91 percent. Nick Reed, lead researcher for the study, said: “This demonstrates how dangerous it is to drive and text. When texting, drivers are distracted by taking their hand off the wheel to use their phone, by trying to read small text on the phone display and by thinking about how to write their message. This combination of factors resulted in impairments to reaction time and vehicle control that place the driver at greater risk than having consumed alcohol to the legal limit for driving.”

I urge you to keep your phone out of reach when you drive. Driving and texting is a risky combination. Do everyone a favor by waiting until reaching your destination to send that text.

A Metra train struck and killed a 25-year-old man Tuesday night at Scott Street in Franklin Park. The train that was involved left Chicago's Union Station at 8:40 p.m. bound for Elgin's Big Timer station.

The victim was from Bloomingdale and was pronounced dead at Loyola University Medical Center in Maywood, according to the Cook County medical examiner's office.

An eastbound Amtrak train struck and killed a 14-year-old Chicago boy last night around 7 p.m. in Lansing, Illinois, according to news reports and police.

The incident occurred at the Canadian National Railway tracks at 182nd and Locust Streets. The victim was identified as Christopher Davis of the 6700 block of South May Street, according to the Cook County medical examiner's office.

Continue reading "YOUNG MAN STRUCK BY AMTRAK TRAIN" »

Chicago Alderman Edward M. Burke has recently proposed new legislation prohibiting drivers from texting and driving, with certain exceptions for drivers of emergency vehicles and stationary, parked vehicles. The proposed legislation banning texting states:

... No person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone. Using a mobile, cellular, analog wireless or digital telephone shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, sending an electronic message, or browsing the internet via the mobile, cellular, analog wireless or digital telephone.

In the recent Metrolink train crash in Los Angeles, the engineer of the commuter train sent a text message 22 seconds prior to the train colliding with a freight train which killed 25 people and seriously injured more than 130 other people. I frequently have seen the effects of driving distracted. I have represented numerous plaintiffs who have been injured in automobile accidents as a result of the defendant driver not paying attention. In addition to cases involving cell phone use, I represented a plaintiff who was injured when a teenager was skipping a song on a CD player and rear-ended my client. In another case, a semi-truck driver was looking at a billboard instead of at the road ahead of him and collided with the vehicle ahead of him and killed two innocent people.

Occupants in vehicles can get hurt when the driver of a motor vehicle is not paying attention.

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On September 12, 2008, in Chatsworth, a district of Los Angeles, CA, a Metrolink train carrying 220 passengers collided with a Union Pacific freight train killing 25 people and injuring 135. The freight train pushed the engine back into the coach train crushing it like an accordion.

National Transportation Safety Board (NTSB) officials have not yet made an official determination of the cause of the collision, but media reports indicate that the engineer may have missed a red signal. Reportedly, when the engineer proceeded past the red signal, the Metrolink dispatcher in Pomona, CA called the train and reached the conductor, but by then, it was too late, the train had already crashed. The NTSB dispatched 11 investigators to unravel the chain of events which lead to the deadly crash.

Train operators’ inattention is a major cause of train accidents. According to reports, two teenage boys told CBS2-TV that they received a text message from the engineer shortly before the crash. The NTSB has stated that it plans to subpoena the cell phone records of the teens and the engineer.

This was one of the worst train crashes Southern California has ever seen and the efforts of the search and rescue workers who tirelessly worked on site to look for and treat survivors should be commended.

Continue reading "TRAIN CRASH KILLS 25; INJURES SCORES OF PEOPLE" »

On the evening of September 8, 2008, an Amtrak train heading from St. Louis to Chicago derailed south of Joliet. The cause of the derailment is unknown at this time, but a set of wheels reportedly jumped the track. The train cars remained upright.

According to the Chicago Suntimes, the power remained on inside the train and the passengers were ultimately transported to their final destinations, Joliet, Summit, and Chicago’s Union Station by bus.

There have been a number of passenger train derailments in the Chicagoland area in recent years on trains operated by Metra, Amtrak and the CTA. On May 28, 2008, an “el” train derailed leaving more than a dozen people injured. On July 11, 2006, a Blue Line train derailed causing a fire that injured more than 150 people. The NTSB report on the derailment identified poor track conditions as a safety issue related to the crash. On October 12, 2003, a Metra train derailed near 47th and Federal. On September 17, 2005, a Metra train derailed at the same location leaving 117 injured. The NTSB reported that the train derailed at a crossover that had a designated speed of 10 m.p.h. The train was traveling at 69 m.p.h. through the crossover.

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