Illinois Train-Pedestrian Accident Lawyers

Top Injury Attorneys After a Train Strikes a Pedestrian

When a train strikes a pedestrian in Illinois, the consequences can be catastrophic. Collisions involving commuter trains, freight trains, and pedestrians can cause traumatic brain injuries, spinal cord injuries, amputations, multiple fractures, permanent disabilities, and death. Because trains require substantial distances to stop and pedestrians have little protection from the force of a collision, even a brief encounter with a moving train can result in devastating injuries.

Although some train-pedestrian collisions occur when a person enters railroad property unlawfully, not every accident is the pedestrian’s fault. A collision may involve a dangerous railroad crossing, a broken or inadequate fence, malfunctioning warning equipment, unsafe conditions at a commuter station, negligent train operation, or failures by a railroad or another responsible party to address a foreseeable hazard. The circumstances of each incident matter when determining whether a civil claim may be available.

“When a train strikes a pedestrian, the consequences can change a person’s life in an instant. Determining what happened requires a careful investigation of the evidence, the safety measures in place, and the actions of everyone involved. Injured pedestrians and their families deserve answers and a fair opportunity to pursue accountability when negligence caused their losses.” — John J. Malm, Naperville train injury attorney

Statistics on Train-Pedestrian Accidents in Illinois

Railroad-pedestrian collisions remain a serious public safety concern in Illinois, a state with extensive freight rail infrastructure, commuter rail service, and numerous railroad crossings. According to the Federal Railroad Administration, trespassing on railroad property is the leading cause of rail-related deaths in the United States. The agency reports that more than 500 trespass fatalities occur nationally each year. Railroad tracks and rights-of-way are dangerous environments in which pedestrians may be unable to recognize an approaching train’s speed, direction, or stopping distance.  Illinois-specific data further illustrate the seriousness of the problem:

• Pedestrian crossing collisions: Illinois recorded 19 pedestrian collisions at highway-rail crossings in 2024, resulting in 11 fatalities.
• Fatal crossing incidents: The same 2024 Illinois report documented 15 fatal collisions of all types at highway-rail crossings, resulting in 18 deaths.
• National crossing incidents: The Federal Railroad Administration reports that more than 2,000 highway-rail grade-crossing incidents and more than 200 fatalities occur nationally in a typical year.
• Illinois pedestrian rail fatalities: A regional railroad safety report examining 2012–2023 found that pedestrians accounted for 87% of rail-related fatalities in Illinois during that period. The report includes different types of pedestrian fatalities, so this figure should not be interpreted as the percentage caused by negligent train operation.

What Is a Train-Pedestrian Accident Claim?

A train-pedestrian accident claim is a civil legal action seeking compensation for injuries or losses caused by a railroad, property owner, public entity, or another party’s wrongful conduct. In Illinois, the legal theory may involve negligence, premises liability, a statutory violation, or another recognized basis for recovery. The proper claim depends on where the collision occurred, who controlled the property, which railroad operated the train, and what conduct contributed to the incident.

For example, a pedestrian struck at a poorly maintained station crossing may have a different claim from someone injured by a freight train near an inadequately secured railroad right-of-way. A collision involving a Metra train may also raise different legal questions from one involving a privately operated freight railroad. The central question is not simply whether a train struck a pedestrian. It is whether a legally responsible party breached an applicable duty and whether that breach caused the injuries.

Common Causes of Train-Pedestrian Accidents

Train-pedestrian collisions can occur in many settings, including railroad crossings, commuter stations, pedestrian walkways, and areas adjacent to active tracks. Common causes include:

Negligent train operation

Train operators must comply with applicable operating rules and safety requirements. Depending on the circumstances, negligent operation may contribute to a collision when an operator fails to respond appropriately to a visible hazard, disregards a required signal, or violates an applicable speed or operating restriction.

Investigators may examine the train’s speed, braking activity, horn use, signal records, visibility, and the operator’s actions before impact. The applicable legal standards depend on the railroad, the location, and the circumstances of the incident.

However, a train operator’s inability to stop in time does not by itself prove negligence. Trains have substantial stopping distances, and the investigation must determine whether the operator had a reasonable opportunity to prevent the collision.

Dangerous railroad crossings

Pedestrians may be struck when crossing tracks at or near designated pedestrian crossings. Potential hazards include inadequate warning devices, poor visibility, obstructed sightlines, confusing crossing layouts, and defective gates or signals.

A claim may be possible when a responsible party fails to maintain required safety equipment or address a known and legally actionable hazard. Investigators should determine whether the crossing complied with applicable requirements and whether a particular defect contributed to the collision.

Inadequate fencing and access control

Railroads may use fencing, barriers, and other measures to discourage unauthorized access to tracks. Damaged fencing, unsecured openings, or deteriorated barriers may become relevant when evaluating whether a railroad or property owner failed to address a foreseeable danger.

An opening in a fence does not automatically establish liability. Railroad property is generally dangerous, and whether a duty exists depends on factors such as the location, applicable law, foreseeability of pedestrian access, the nature of the hazard, and any statutory protections or limitations.

Unsafe commuter stations and pedestrian walkways

Train-pedestrian injuries can also occur at passenger stations, platforms, stairways, access paths, and designated walkways. Dangerous conditions may include poor lighting, damaged surfaces, inadequate barriers, or unsafe pedestrian routing.

Depending on the facts, the responsible party may be a railroad, station operator, property owner, contractor, or public entity. Establishing liability requires identifying who controlled the area and who had the duty to correct or warn about the hazard.

Inadequate warnings or visibility

A collision may warrant investigation if a required warning device fails, vegetation or another obstruction blocks a sightline, or a crossing’s design creates a foreseeable safety problem. Evidence may include maintenance records, inspection reports, photographs, signal logs, and prior complaints. A warning-related claim requires proof that the responsible party had a relevant legal duty and that the failure contributed to the collision.

Can a Pedestrian Sue if They Were on Railroad Tracks?

Potentially, but claims involving pedestrians on railroad property require careful legal analysis. Railroad tracks are generally not public pedestrian walkways. The Federal Railroad Administration explains that unauthorized entry onto railroad property is dangerous and that pedestrians should use designated crossings rather than walking along tracks or taking shortcuts across railroad rights-of-way.

Nevertheless, being on railroad property does not necessarily resolve every question of legal responsibility. The circumstances of the entry, the railroad’s conduct, the existence of known hazards, and the applicable law may all matter. Factors that could be relevant include:

• Whether the pedestrian was at a designated crossing, station, or other authorized access point.
• Whether a fence or barrier was damaged or missing.
• Whether the railroad knew or should have known that pedestrians regularly entered a particular area.
• Whether the railroad violated an applicable safety requirement.
• Whether the pedestrian’s conduct contributed to the accident.
• Whether another party, such as a property owner or public entity, contributed to the unsafe condition.

Illinois law generally permits consideration of a plaintiff’s own negligence when determining liability and damages. Under Illinois’s modified comparative negligence statute, 735 ILCS 5/2-1116, a plaintiff generally cannot recover damages if their contributory fault is more than 50%. If their fault is 50% or less, damages may be reduced in proportion to that fault.

The application of comparative negligence can be complex in railroad cases, particularly when questions arise concerning trespassing, warnings, property control, and the foreseeability of pedestrian access. An attorney should evaluate the specific facts before concluding that a claim is barred or that the pedestrian was legally responsible.

Who May Be Liable When a Train Strikes a Pedestrian?

Several parties may need to be investigated after a train-pedestrian collision. Identifying the correct defendant is essential because different parties may control the train, tracks, crossing equipment, or surrounding property. Liable parties include:

The railroad company

The railroad operating the train may be liable if negligent conduct by the company or its employees caused the collision. Potential issues include train operation, compliance with applicable safety requirements, maintenance responsibilities, and responses to known hazards.

The railroad that owns the tracks is not necessarily the same entity that operates the train. Freight railroads, commuter rail agencies, and other operators may have different roles and responsibilities.

The property owner or station operator

A pedestrian injury may involve a platform, walkway, parking area, stairway, or other property adjacent to the tracks. The owner or party responsible for maintaining that area may face a premises liability claim if a dangerous condition caused the injury and the applicable legal requirements are satisfied.

A government entity

A city, county, or other public entity may have responsibility for a public pedestrian crossing, roadway approach, sidewalk, or related infrastructure. Potential claims against public entities require particular attention because special notice provisions, immunities, and shorter filing deadlines may apply.

A maintenance contractor or equipment manufacturer

A contractor responsible for maintaining crossing signals, fencing, or other equipment may be implicated if defective work contributed to the collision. A manufacturer may also be responsible if a defective product caused or contributed to the incident.

Liability may be shared among multiple parties. An investigation should determine who controlled each relevant component and whether each party’s conduct contributed to the harm.

What Must Be Proven in an Illinois Train-Pedestrian Injury Claim?

In a typical negligence claim, an injured pedestrian must establish the elements required under Illinois law.

• Duty of care: The defendant owed a legally recognized duty to the pedestrian under the circumstances.
• Breach of duty: The defendant failed to exercise the care required by law or violated an applicable legal obligation.
• Causation: The defendant’s conduct was a legally sufficient cause of the collision and resulting injury.
• Damages: The pedestrian suffered actual, legally compensable harm.

These issues often require extensive investigation. For example, a family may believe that a train operator was traveling too fast, but determining whether the speed was unlawful or negligent requires reliable evidence. Likewise, a malfunctioning crossing signal may appear to be the cause of a collision, but investigators must establish whether the signal actually failed and whether that failure contributed to the incident. Evidence may include:

• Train event recorder data and other available operating records.
• Video footage from the train, station, crossing, or nearby businesses.
• Signal activation, inspection, and maintenance records.
• Photographs and measurements of the accident scene.
• Witness statements and police or emergency response reports.
• Medical records, diagnostic imaging, and expert medical opinions.
• Railroad safety rules, applicable regulations, and prior reports concerning the hazard.

Some evidence may be overwritten, lost, or difficult to obtain without prompt action. Preserving relevant records early can be important.

What Injuries Can Result From a Train-Pedestrian Collision?

Because a pedestrian has little physical protection against a moving train, these collisions frequently involve severe trauma.

Traumatic brain injuries

A pedestrian may sustain a traumatic brain injury after being struck directly or thrown onto the ground or another object. These injuries can affect memory, concentration, speech, behavior, and the ability to work or live independently.

Spinal cord injuries and paralysis

The force of a collision may fracture vertebrae or damage the spinal cord. Severe injuries can result in partial or complete paralysis, permanent mobility limitations, and the need for extensive rehabilitation or lifelong assistance.

Amputations and crush injuries

A train collision can cause catastrophic injuries to the arms, legs, or other body parts. Some injuries require surgical amputation, while crush injuries may lead to nerve damage, tissue loss, infection, and prolonged recovery.

Fractures and internal injuries

Broken bones, pelvic fractures, internal bleeding, and damage to organs may require emergency surgery and extended hospitalization. Even injuries that initially appear less severe can develop complications.

Psychological trauma

Survivors may experience anxiety, depression, post-traumatic stress symptoms, sleep difficulties, or fear of trains and public transportation. Psychological injuries may be relevant to damages when supported by appropriate evidence and recognized under the applicable law.

The long-term consequences of these injuries should be considered when assessing a claim. A settlement reached before the extent of permanent disability and future medical needs is understood may fail to account for the full impact of the collision.

Wrongful death claims after a fatal train accident

When a pedestrian dies after being struck by a train, surviving family members may have legal options under the Illinois Wrongful Death Act, 740 ILCS 180, and the Illinois survival statute, 755 ILCS 5/27-6. These claims serve different purposes. A wrongful death action generally addresses qualifying losses suffered by surviving family members, while a survival action may preserve certain claims belonging to the deceased person’s estate.

What Compensation May Be Available?

If liability is established, an injured pedestrian may be entitled to recover compensatory damages supported by the evidence and permitted under Illinois law. Potential damages may include:

• Medical expenses: Emergency treatment, surgery, hospitalization, rehabilitation, medication, and future medical care.
• Lost wages: Income lost because the injuries prevented the pedestrian from working.
• Loss of future earning capacity: Reduced ability to earn income because of permanent injury or disability.
• Pain and suffering: Physical pain and the effects of the injuries on daily life.
• Disability and disfigurement: Permanent limitations, scarring, or other lasting physical consequences.
• Loss of normal life: The inability to participate in activities that were important to the injured person before the accident.
• Other recoverable losses: Additional damages supported by the facts and applicable law.

The amount of compensation depends on the nature of the injuries, the quality of the evidence, the degree of fault attributable to each party, applicable legal restrictions, and the available insurance or other sources of recovery.

What Should You Do After a Train Strikes a Pedestrian?

The immediate priority is medical care and safety. If the collision has just occurred, call emergency services and do not enter active tracks to assist someone unless directed by trained emergency personnel and it is safe to do so. Once immediate medical needs have been addressed, the following steps may help protect a potential claim:

1. Obtain medical care. Serious injuries may not be fully apparent at the scene. Follow medical advice and keep records of treatment.
2. Preserve evidence. Save photographs, witness contact information, incident numbers, medical records, and any available video footage.
3. Document the location. Record the crossing, station, walkway, or other location where the incident occurred, along with any apparent defects or missing barriers.
4. Avoid speculation about fault. Do not assume the pedestrian or railroad was entirely responsible before the evidence has been reviewed.
5. Be cautious with insurance or railroad statements. Consider obtaining legal advice before giving a detailed recorded statement or signing a release.
6. Consult an experienced Illinois train accident attorney. A lawyer can investigate the collision, identify possible defendants, preserve evidence, and evaluate applicable deadlines.

Families should also keep records of expenses, missed work, rehabilitation needs, and changes in the injured person’s daily activities.

Frequently Asked Questions About Train-Pedestrian Accident Claims in Illinois

Can I sue if a train struck me while I was crossing railroad tracks?

Potentially. The availability of a claim depends on the circumstances, including whether the crossing was designated for pedestrians, whether warning systems functioned properly, and whether a railroad or another party breached an applicable legal duty. Being struck by a train does not automatically establish liability, but it also does not automatically prevent a claim.

Can I file a claim if the railroad says I was trespassing?

Possibly. Trespassing may affect the duty owed and the comparative-fault analysis, but it does not answer every legal question in every case. The condition of fencing, the location of the collision, the foreseeability of pedestrian access, and the conduct of the parties should be investigated.

Who is responsible for a pedestrian accident involving a Metra train?

Responsibility depends on the facts. Potentially responsible parties may include the train operator’s employer, the railroad that owns or maintains the tracks, the station operator, a property owner, a public entity, or a maintenance contractor. An investigation should identify each party’s role and applicable legal duties.

What if the crossing gates or warning signals did not work?

A malfunctioning warning system may support a claim if the evidence establishes that a responsible party breached an applicable duty and the failure caused the collision. Investigators may examine signal records, inspection histories, maintenance logs, and applicable safety requirements.

How much is a train-pedestrian injury claim worth?

There is no standard settlement amount. The value of a claim depends on the severity and permanence of the injuries, medical costs, lost income, pain and suffering, the evidence of liability, comparative fault, and applicable legal restrictions.

Can a family pursue a claim if a loved one was killed by a train?

Potentially. Eligible beneficiaries or the appropriate estate representative may be able to pursue wrongful death and survival claims under Illinois law. The applicable requirements, recoverable damages, and deadlines depend on the circumstances.

How long does a train accident investigation take?

The timeline varies with the complexity of the collision, the availability of records and video, the need for expert analysis, the number of potentially responsible parties, and the extent of the injuries. Some cases can be evaluated relatively quickly, while catastrophic injury and wrongful death cases may require extensive investigation.

Contact the Award-Winning Train-Pedestrian Accident Attorneys at John J. Malm & Associates

A train-pedestrian collision can leave an injured person facing emergency surgery, months of rehabilitation, permanent disability, lost income, and an uncertain future. Families who lose a loved one may also face overwhelming emotional and financial challenges. When negligence, unsafe railroad conditions, or failures to meet applicable safety obligations contribute to a collision, identifying the responsible parties and preserving critical evidence can be essential to pursuing a civil claim.

The top-rated Illinois train accident attorneys at John J. Malm & Associates help injured people and families evaluate serious injury claims and understand their legal options. If you or someone you love has been injured after being struck by a train in Illinois, contact our firm for a free consultation to discuss the circumstances of the accident, investigate potential liability, and determine whether compensation may be available.