Chicago Union Pacific Railroad Accident Lawyer

Receive World-Class Legal Assistance for Train Accident Claims

A Union Pacific railroad accident can result in catastrophic injuries or even death. We can hold the train crew and Union Pacific liable for your injuries, ensuring you have the funds you need for recovery. Call us today to discuss your legal options with experienced personal injury lawyers. 

FELA and Personal Injury Settlements From Our Law Firm

• $7,200,000 wrongful death settlement for railyard worker hit by a truck
• $1,900,000 for a rail worker with overuse injuries
• $1,500,000 for a train operator who fell from a platform

Common Causes of Railroad Accidents

Train accidents can happen for a variety of reasons, often due to failures by a dispatcher, engineer, conductor, or other affiliated party. 

Train Derailments: On average, there are around 1,689 derailments in the United States annually. 

Collisions: In December 2024, a Union Pacific train derailed in Pecos, Texas after hitting a truck-tractor that was stuck on the tracks. A locomotive then hit the Chamber of Commerce building and spilled over 9,000 gallons of diesel fuel. Two people were killed, while several others in the building’s offices were injured. 

Falls From Heights: Engineers may have to climb on top of cars or engines to service the vehicles. As these can be several stories tall, a worker may be permanently disabled or even die. 

Struck by Equipment or Vehicles: While working on side tracks or near rail crossings, employees may be hit by moving traffic or by large equipment. This may occur because the wrong switches were hit or because drivers didn’t stop 

Exposure to Hazardous Chemicals: Diesel fuel, welding fumes, industrial solvents, and transported hazardous materials may all lead to serious injuries.

Equipment Failure: If product defects caused your injuries, our product liability lawyers can help you seek justice.

Repetitive Stress Injuries: Working on the track, pressing air brakes, or lifting heavy machinery can all result in stress injuries.

Common Injuries in Railroad Accidents

Locomotives and train cars are massive, meaning that even a minor incident can result in life-changing injuries. Common injuries include:

• Fractures and broken bones
• Traumatic Brain Injuries (TBIs)
• Spinal cord injuries and paralysis
• Amputations
• Burns
• Internal bleeding
• Post-Traumatic Stress Disorder

Legal Rights of Injured Railroad Workers: FELA

The Federal Employers Liability Act offers legal recourse for injured railroad employees (45 U.S. Code §51). Suits filed under FELA are typically at the federal level, and they often offer more money than a workers’ compensation case. However, there are key differences between these types of suits, making it necessary to work with an experienced lawyer. 

How FELA Differs from Workers’ Compensation

FELA is different than workers’ comp because it requires proving that the railroad company or its officials were negligent. In contrast, workers’ compensation insurance is a no-fault system. All that needs to be confirmed is that the injury was work-related. 

Proving Negligence Under FELA

To establish liability for a FELA claim, you must demonstrate that Union Pacific was negligent. This has four elements, which include:

• Duty of Care: The company had a responsibility to protect its employees and prevent mistakes, including by training everyone on safety procedures.
• Breach of Duty: The company failed to uphold its duty of care. Some examples include failing to communicate when people were on the track, ignoring federal guidelines and occupational safety standards, or failing to supervise employees. 
• Causation: Your injuries were related to this breach of duty.
• Damages: You suffered financial or physical losses because of these failures.

Damages Recoverable Under FELA

Under FELA, you can claim a variety of damages, which include:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Vocational rehabilitation
• Pain and suffering
• Mental anguish
• Disability or disfigurement

Legal Options for Non-Railroad Workers Injured in Union Pacific Accidents

Engineers, conductors, and rail workers are all in serious danger near trains, but others can be injured or killed, too. In one deadly incident, a young woman identified as Grace Bentkowski was hit at the South Shore Line station in Hegewisch. 

The recent college graduate was killed while crossing the tracks at an uncontrolled intersection, which did not have any lights, alarms, or other preventative systems. This highlights the danger trains can pose to non-affiliated individuals, and train operators should be held accountable. 

Filing a Personal Injury Lawsuit Under Illinois Law

Motorists, pedestrians, and passengers who were injured by a Union Pacific train can all file personal injury lawsuits. If kids were harmed in the accident, the children’s parents or legal guardians can file on their behalf.

However, it is important to note that trespassers may not be able to recover damages, as per the Illinois Supreme Court case Quiroz v. Chicago Transit Authority. In this instance, Quiroz trespassed into a train tunnel and fell near the tracks before being run over by a train. He was within sight of security cameras, and the area was well-lit. 

His family argued that the company had a duty to stop the trains and rescue him, but the Supreme Court found that moving trains are an obvious hazard and that the company is not liable for injuries to trespassers. 

Proving Negligence in a Personal Injury Case Against Union Pacific

The same principles as a FELA claim apply to a personal injury case. These include demonstrating a duty of care, breach of duty, causation, and damages. You must demonstrate that the company was responsible for your safety, failed to ensure you were protected, and that your injuries were a result of these mistakes. 

In some cases, other parties may also be negligent. For example, if a person stood on the tracks or a vehicle caused a collision by ignoring crossing signals, it may cause injury to the drivers of other cars or pedestrians. This individual could also be held liable, as they violated municipal codes regarding obedience to traffic signals (§9-28-010). 

Types of Damages Recoverable in a Personal Injury Lawsuit

You may receive both economic and non-economic damages for your claim, which can include:

• Medical expenses
• Future medical care
• Lost wages
• Property damage
• Out-of-pocket medical bills
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

In a wrongful death case, surviving family members can claim additional damages, such as:

• Burial or funeral expenses 
• Loss of financial support
• Loss of companionship

Investigating a Union Pacific Accident

Our law firm conducts a thorough investigation into each case, including train accident claims. Through this, we can determine liability and assess damages. Our investigation will include the following elements.

Accident Evidence: We will request that all relevant materials be preserved, such as photos of the scene and damaged equipment. 

Security Footage and Photos: Most train yards have extensive surveillance systems. We can request copies of any relevant footage to understand how the incident occurred and to determine if any safety protocols were violated. 

Accident Report: The National Transportation Safety Board (NTSB) is tasked with reviewing all train accidents. We can use their report to determine how the accident happened and who was responsible.  

Internal Investigations: The Union Pacific train company will also conduct an investigation, and we can subpoena these records. 

Witness Testimony: Our lawyers will attend meetings with coworkers, eyewitnesses, and first responders to gain their perspective on how the incident occurred.

Railroad Experts: We will take statements from reconstructionists, railroad officials, engineers, and other safety professionals who can explain what protections or protocols may have prevented harm. For example, if a train arrived early and no one informed nearby employees, this is a clear example of oversight.

Union Pacific’s Safety Records and Violations: Since 2000, Union Pacific has been cited for 4,101 violations and has been forced to pay $192,522,366 in fines. This can be used to demonstrate that safety is not a priority for Union Pacific train officials. 

Steps to Take After a Union Pacific Railroad Accident

You must act quickly to protect yourself and your legal rights. Follow these steps as soon as possible to maximize your chances of a full recovery.

Seek Immediate Medical Attention: Go to the nearest hospital, such as Northwestern Memorial Hospital, for a full medical exam. Not only does this ensure you get prompt treatment, but it also supports your injury claim.

Report the Incident to Your Superiors: If you are a railroad employee, tell your supervisor as soon as possible. Inform them of the mile marker, who was involved, and how you were hurt.

Document the Incident: Gather your medical records, bills, lost wages, and any other expenses. Document your recovery through photos and narratives.

Do Not Talk to Insurance Companies: The insurance adjuster will do everything possible to make you responsible, and Union Pacific will attempt to deny responsibility. Allow your legal team to speak to third parties on your behalf.

Contact an Experienced Union Pacific Crash Attorney: Call us as soon as possible to discuss your legal options, whether that is a FELA claim or a personal injury lawsuit. 

If you want to make a FELA claim, you have three years to file (45 USC Ch. 2 §56). For personal injury claims, you have only two years (735 ILCS §5/13-212). Because these incidents can be very complicated, you must contact us immediately so we can begin our investigation. 

Consult a Union Pacific Train Accident Lawyer Near You!

Rosenfeld Injury Law offers comprehensive legal support to individuals injured by Union Pacific trains, including employees, motorists, pedestrians, and other affected parties. We assist injured people throughout the Chicago metropolitan area, greater Cook County, and surrounding counties like Lake and DuPage counties. 

Our team has over 100 years of combined legal experience and has helped more than 5,000 clients recover a collective $450 million in damages. We have an A+ rating with the Better Business Bureau and are a Super Lawyers-rated firm. 

As our Chicago personal injury attorneys work on a contingency fee basis, you owe us nothing unless we successfully secure compensation for you. Call us at (888) 424-5757 or use our online contact form to request your free, no-obligation consultation. 

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Hi, I was lucky enough to get Jonathan Rosenthal to represent me and the accident I had.It was very professional and I recommend him highly

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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.