Who Is Liable if You Are Injured in a Metra Train Accident in Illinois?
If you are a Metra passenger, motorist, or pedestrian hurt in a train accident, you may be able to recover compensation. Depending on what caused the crash, the at-fault party could be Metra, another driver, a contractor, or another responsible party. Metra is a public transportation agency created by state law. Because of this unique status, the rules governing Metra's liability differ from those in a typical car accident claim.
A Hyde Park, IL public transportation accident attorney can review your accident case and explain which laws apply to your claim.
What Are the Most Common Causes of Metra Train Accidents?
Metra accidents happen for several different reasons, and the cause often determines who may be legally responsible for your injuries. Common causes include:
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Malfunctioning or ignored crossing signals and gates
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Speeding or distracted train operators
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Dangerous gaps between the train and the platform
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Poor track maintenance or defective equipment
Grade crossing collisions are especially dangerous because a train is far heavier than the vehicle it strikes. According to Operation Lifesaver, incidents involving highway-rail grade crossings and people trespassing on railroad property account for more than 95 percent of rail-related deaths in the United States.
A single crash can involve more than one cause, which is why a full investigation often looks at signal maintenance records, operator logs, and inspection reports together.
What Duty of Care Does Metra Owe Its Passengers?
Illinois law treats Metra as a common carrier, a legal term for a company or agency that transports the public. Common carriers must exercise the highest degree of care consistent with the practical operation of their trains. This requires Metra to take greater safety precautions than an ordinary person or driver would under comparable circumstances.
This heightened duty may apply while a passenger is boarding, riding, or leaving a train. Whether it applies at a station or on a platform can depend on whether the person had placed himself or herself under Metra’s control with the intention of becoming a passenger. Simply holding a ticket or approaching a station may not be enough. Even when the heightened common-carrier duty does not apply, Metra or another entity responsible for the station may still owe a duty of reasonable care.
How Long Do You Have to File a Lawsuit Against Metra in Illinois?
Illinois generally gives an injured person two years to file a personal injury lawsuit. A claim against Metra may have a much shorter deadline.
Under Section 5.03 of the Northern Illinois Transit Authority Act, a personal injury or wrongful death lawsuit against Metra generally must be filed within one year after the claim arose. In most accident cases, that period begins on the date of the accident.
This one-year limit applies to claims against Metra, but a claim against a private driver or another company may have a different deadline. Missing the applicable deadline can prevent an injured person from recovering compensation.
Can You Recover Compensation If You Were Partly at Fault for a Metra Accident?
Illinois follows a rule called modified comparative negligence, which allows you to recover compensation even if you played some role in causing the accident. Your compensation is reduced by your percentage of fault. However, if you are found more than 50 percent responsible for the accident, Illinois law bars you from recovering anything at all.
Grade crossing accidents are a common setting in which the modified comparative negligence rule applies, since more than one party's actions often contribute to the crash. For example, a driver who did not stop in time might share responsibility with Metra if a crossing signal was malfunctioning or a train operator was distracted, and a court would weigh each party's role in determining the share of fault.
What Damages Can You Recover After a Metra Train Accident in Illinois?
Compensation depends on how serious the injuries are and how they affect the injured person's life. Economic damages include medical bills, lost wages, and rehabilitation costs. Non-economic damages include pain and suffering, emotional distress, and disability.
If a Metra accident causes a death, the victim's personal representative may file a wrongful death claim for the surviving spouse and next of kin. Damages may include lost financial support, grief, sorrow, and mental suffering. A related survival action may allow the estate to recover damages the victim sustained before death, such as medical expenses, lost income, and conscious pain and suffering. Funeral and burial expenses may also be recoverable, depending on who incurred or paid them.
Schedule a Free Consultation with a Hyde Park, IL Metra Accident Attorney
If you were injured in a Metra accident, Kadzai Law Group, LLC can investigate what happened and identify the parties who may be responsible. Contact a South Side of Chicago, IL train accident lawyer or call 312-229-0050 to schedule a free consultation.












