The Law Offices of Barry G. Doyle, P.C.

Chicago Illinois Accident Lawyers

Call us: (312) 263-1080

  • Home
  • About
    • Attorney Barry G. Doyle
  • Free Info
    • Library
    • Free Books and Reports
    • Video
    • FAQs
    • Blog
  • Practice Areas
    • Auto Accident
    • Nursing Home Abuse & Neglect Lawsuits
    • Slip And Fall Accident
    • Work Related Personal Injury
    • Wrongful Death Lawsuits
    • Construction Accidents
    • Motorcycle Crashes
    • Trucking Accidents
    • Dog Bite Attacks
    • Lawsuits and Claims Against the CTA
    • Train Accidents
    • Federal Employers Liability Act (FELA)
    • Medical Malpractice
    • Prescription Medication Errors | Pharmacist Malpractice
    • Dangerous Defective Products Suits
    • Dangerous Children’s Products
    • Dangerous Prescription Medications
    • Dangerous Medical Devices and Equipment
  • Our Case Results
  • What Our Clients Say
  • Contact

Since trains travel on tracks in a single direction and are large enough to be seen, aren’t all auto-train accidents the responsibility of the vehicle driver?

Some types of auto accidents are pretty minor, like backing into a tree or a fender bender in a parking lot. Others are more severe, like high-speed T-bone crashes when one vehicle runs a red light, head-on collisions when a pickup truck crosses over and hits a sedan, or rear-end accidents where a speeding 18-wheeler slams into a compact car that’s stopped in traffic.

But some of the most horrific and carnage-laden accidents occur when a train strikes a car. Not surprisingly, fatalities tend to be rule rather than the exception in auto-train accidents.

This begs the question: Since the train is traveling on tracks in a single direction and is large enough to be seen, aren’t all auto-train accidents the responsibility of the vehicle driver?

Not necessarily. While it’s true that the driver usually bears part of the liability for his or her involvement in these kinds of collisions, it’s often the case the train companies or municipalities carry some blame as well. And in these instances, a judge or jury may choose to award monetary damages to the victim (or his or her surviving family members).

It’s self-evident that trains cannot swerve to avoid vehicles that are on the tracks ahead of them. However, train operators and municipalities are both responsible for doing what they can to avoid auto-train collisions. Examples include:

  • a train operator or conductor sounding the train’s horn to warn the driver of a vehicle of imminent danger
  • a train operator or conductor getting distracted and not attempting to slow or stop for the vehicle
  • a train that was moving at a speed higher than permitted in a designated area where the collision took place
  • a municipality that fails to identify or maintain a railroad crossing
  • a municipality that fails to position proper warning signals or signs that alert motorists that the intersection of tracks and roadway was unsafe

Even though a train-auto accident may claim the lives of the motorists involved, both municipalities and train companies will vigorously defend themselves against any wrongful death lawsuit filed by the family members of the victims. They’ll spare no expense in their attempts to demonstrate that the victim was 100% at fault. That way, they won’t pay monetary damages or establish a precedent for similar lawsuits in the future. Therefore, if you plan to file a wrongful death lawsuit in connection with an auto-train accident, it is imperative that you engage the services of a qualified auto accident attorney.

Want to learn more about how an experienced Chicago personal injury lawyer uses information like this verdict or settlement? 

Download our FREE report, “How Much is My Case Worth?” which examines typical settlement questions that accident victims have such as:

  • The importance of insurance in personal injury cases
  • 9 common myths about personal injury settlements
  • How lawyers and insurance companies evaluate personal injury cases for settlement
  • 6 common mistakes people make in trying to settle their own cases
  • Signing releases
  • Who gets to a share of your settlement
  • And the importance of legal help

This report is absolutely free to download, and there is no obligation to call our office or to hire our law firm if you do.

 

Contact Us

Please Wait...
Success!
Something is wrong with your submission.

Practice Areas

  • Auto Accident
  • Slip And Fall Accidents
  • Work Related Personal Injury
  • Wrongful Death
  • Construction Accidents

New Free Book

Free Book: Myths and Mistakes About Illinois Personal Injury Cases

Myths & Mistakes: How Illinois Accident Victims Wreck Their Own Personal Injury Cases

Get the book

What our clients are saying

I would highly recommend Barry to anyone seeking an attorney.
—John

I would absolutely, unequivocally say that Barry Doyle is a top injury attorney.
—Cedric McL.

Barry took the time to make me feel that my case and my feelings were important to him. He’s not your typical attorney.
—Pam

Read more testimonials
Call us:
(312) 263-1080
facebook icon google plus icon twitter icon youtube icon
Locations

Skokie, IL

  • 4709 West Golf Road, Suite 1140
    Skokie, IL 60076
  • Phone: (312) 263-1080
  • Get Directions

Chicago, IL

  • By appointment only:
    10 South LaSalle Street, Suite 2160
    Chicago, IL 60603
  • Phone: (312) 263-1080
  • Get Directions

Orland Park, IL

  • By appointment only:
    15255 South 94th Avenue, 5th Floor
    Orland Park, IL 60462
  • Phone: (312) 263-1080
  • Get Directions
Email Us
Please Wait...
Success!
Something is wrong with your submission.
© 2021 The Law Offices of Barry G. Doyle, P.C., All Rights Reserved, Reproduced with Permission Privacy Policy