For railroaders as well as everyone who drives along or across highway rail crossings in our part of the country, the risk of serious injury or even death in a railroad accident is unacceptably high. For one thing, fatal rail crossing collisions happen in Illinois and Indiana much more often than almost any other state.
The danger may be underestimated by many of us. However, the reality is Illinois ranks third (3rd) in the country for the number of railroad collision deaths, while Indiana ranks tenth (10th) for railway fatalities.
Things are particularly concerning for the Chicagoland area, specifically Cook County.
According to the latest data published by the U.S. Department of Transportation, Cook County is first in the country for highway rail accidents.
From the perspective of regulatory agencies, safety organizations, and advocates for accident victims and their loved ones, railroad safety is complex in keeping both workers on the job (“railroaders”) protected as well as those drivers, passengers, and pedestrians whose routes intersect with moving trains.
Working in the rail industry is recognized as one of the most dangerous ways to earn a living. And, given the size and power of even the smallest train, the likelihood of anyone on foot or in any motor vehicle perishing or suffering permanent bodily harm is exceedingly high. For more, read: Railroaders: Railroad Accidents on the Job in Illinois and Indiana and Railroad Crossing Accidents: the High Risk of a Fatal Train Crash in Indiana and Illinois.
There is a great need to make everyone aware of the dangers surrounding our local railroads here in Illinois and Indiana. Things are getting more dangerous.
Warns Illinois’ internationally renowned safety organization, the National Safety Council (“NSC”), there were more railroad deaths in 2023 than any year since 2007. That’s a sixteen year high in rail deaths.
Everyone is at risk. Victims range from trespassers on the rails, to employees who suffer fatal work injuries. As for location, the NSC research confirms that the highest risk of a rail-related death happens at a rail-crossing, where 25% of reported railroad-related deaths occurred.
Duties of Safety and Care for Railroads in Chicagoland, Illinois, and Indiana
Railroads are a special segment of our transportation industry here in the “Crossroads of America.” Federal jurisdiction takes precedence for safety measures as well as workers’ compensation matters. Railroad worker injuries fall under the Federal Employers’ Liability Act (“FELA”), for instance.
The Office of Railroad Safety of the Federal Railroad Administration oversees federal safety regulations in this area, inspecting for compliance in the areas of:
- Grade Crossings
- Hazardous Materials
- Motive Power and Equipment
- Operating Practices
- Signal and Train Control
- Track.
This agency is also responsible for doing things like investigating accidents; employee fatalities; safety training; and both developing and applying safety rules and standards.
1. Inadequate Worker Safety Measures
Having safety regulations does not guarantee protection at work. Those who work on our local trains and in our railyards know all too well how risky their work can be. Danger is a part of the job for many railroaders.
Nevertheless, there is a recognized lackadaisical attitude, if not outright disregard and disrespect of safety protections in the rail industry.
For one thing, railroaders understand that there is a smaller workforce today to do the same job, like inspecting rails and railcars before trains start their journey. Workers simply are not being given the time or the assistance to make sure things are safe for railroaders as well as the public. Read, “Railroad workers have been worried about safety concerns for years, reporter says,” written by Erika Ryan, Patrick Jarenwattananon, Ailsa Chang, and Lauren Hodges and published by NPR/All Things Considered on February 17, 2023.
2. Derailments and Hazardous Materials
Another growing concern is the cargo carried by many trains today. There are continuing fears of derailment of train cars carrying hazardous materials in light of the East Palestine, Ohio, incident. For more, read our earlier discussion in Hazardous Materials on the Job: Ohio Train Derailment’s Warning to Workers in Indiana and Illinois. Also read: News of Big Train Crash Rail Derailment in New York: How Dangerous are Trains Here in Indiana and Illinois?
3. Rail Work Injuries
Railroads demand going outdoors to do tasks regardless of the weather. Railroaders will have to work in winter weather conditions where ice, snow, or sleet put them at risk of a serious fall.
They are also required to work with specialized railroad machinery and equipment that is notoriously hazardous. Maintaining a rail system as well as its repair or new construction means working with heavy machinery, equipment, or power tools where workers are likely to suffer serious injuries from struck-by, crushing, falling objects, or electrocution. For more, Do Railroad Workers Face an Increased Risk of Work Injury and Accidents on the Job?.
4. Collisions
Some of the most horrific accidents involving motor vehicles involve collisions between trains and cars, pickups, SUVs, minivans, semis, or tractor-trailer trucks. Anyone approaching a track, especially at a rail crossing, should be vigilant. Consider the following from Operation Lifesaver:
- Freight trains don’t travel at fixed times. Schedules for passenger trains often change. Always expect a train.
- All train tracks are private property. Never walk on tracks; it’s illegal trespass and highly dangerous.
- It takes the average freight train traveling 55 mph more than a mile—the length of 18 football fields—to stop. Trains cannot stop quickly.
- The average locomotive weighs about 400,000 pounds or 200 tons; it can weigh up to 6,000 tons. This makes the weight ratio of a car to a train proportional to that of a soda can to a car. We all know what happens to a soda can hit by a car.
- Trains have the right of way 100% of the time over pedestrians and vehicles, including police and emergency vehicles.
- Trains overhang tracks. Stay 15 feet back from the tracks. Always assume railroad tracks are in use, even if there are weeds or the track looks unused.
- Trains can move on any track, in either direction at any time. Sometimes its cars are pushed by locomotives instead of being pulled, which is especially true in commuter and light rail passenger service.
- Trains are quieter and moving faster than you think – only trains belong on the tracks today’s trains are quieter than ever, producing no telltale “clackety-clack.”
For more, read Deadly Accidents at Railroad Crossings in Indiana and Illinois.
Liability After Rail Accident: Various Potential Defendants for Workers or Collision Victims
After a serious or fatal railroad accident, the victim has a legal duty to investigate the incident to determine if there are parties with liability for the harm they have suffered. Each situation will be unique. Workers as well as collision victims may have avenues for justice under the law to seek damages from those legally liable for their injuries. They may include:
1. Drivers and Pedestrians
Those crossing the railroad train tracks have legal duties. They must cross the tracks only at the designated pedestrian or roadway crossings. They are legally mandated to obey all the railroad warning signs and signals.
Distractions will be no excuse. Texting; listening to music on earbuds; etc. cannot shield someone from liability under the argument that they didn’t hear the approaching train.
2. Railroad Companies
Owners and operations of railroads have responsibilities of care and safety defined by law. These involve duties to keep trains and tracks in proper working order, as well as inspecting and maintaining crossings along their route. Lights and signals must be functioning. Debris must be cleared. Weather conditions must be considered (snow, etc.) They may also be liable for negligent training of employees or for negligent hiring.
3. Train Conductor
As the individual operating the train, there is a duty to do so in a reasonable and prudent manner. Claims may be made against a train conductor if investigations reveal they were doing their job in a reckless or negligent manner.
4. Third Parties
Accident reconstruction experts may determine that third parties, either individuals or companies, breached duties of care and safety that result in their legal liability for the accident (either a collision or work accident). These third parties may be (1) companies contracting to repair or maintain train tracks or segments of the railway system; (2) those responsible for maintaining the specific rail crossing where the accident occurred; (3) people whose mistakes or intentional actions caused harm, such as motorists, motorcyclists, or even passengers on the train; (4) governmental entities whose failure to keep up required infrastructure contributed to the incident; or (5) companies whose design defects or defective products contributed to the injuries (such as a defective signal or failing heavy machinery).
While the journey to justice will be different for railroaders hurt on the job than for victims of a train collision, there are legal bases for all these rail accident injuries to be respected and damages to be compensated by those responsible for what happened.
The likelihood of being hurt or killed in a rail accident is very high in Illinois and Indiana. These victims and their loved ones have a legal right to determine the scope of their legal recompense under both state and federal law.
For more, read:
- Railroad Safety Laws and Deadly Train Wrecks in Illinois
- Railroad Safety Laws: the Danger of Fatal Train Crashes in Indiana
- Railroad Accidents in Indiana and Illinois: High Risk of Fatal Train & Car Collisions
- Deadly Train Crashes: Recent Examples of How Commonplace Fatal Railroad Accidents are in Indiana and Illinois
- Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
In Illinois and Indiana, rail accidents are almost commonplace. Each state ranks within the top ten of rail injuries in the nation. Too many people are being hurt in railroad crashes or railroader job accidents. Please be careful out there!
