Riding on public transportation is part of one’s daily life, particularly for people who live in cities. But buses, trains, and other vehicles have to be operated with care, since the people who depend on public transportation are forced to put their lives in the hands of these transportation operators. Often, operators manage vehicles negligently or recklessly, putting passengers and others at risk.
Most transportation collisions are the result of negligent rather than intentional conduct. In a claim against another party for negligence in Illinois, a plaintiff has to prove a duty of care owed by the defendant to the plaintiff, a breach of the duty, and an injury proximately caused by the breach. Some courts in Illinois have defined negligence as “the failure to do something which a reasonably careful person would do or doing something which a reasonably careful person would not do.”
The plaintiff has the burden of proof to establish each element in a negligence lawsuit, generally by presenting evidence and expert testimony. This can be direct evidence, such as eye-witness testimony, or circumstantial evidence, such as skid marks in a car accident.
A plaintiff in any negligence claim, including a personal injury claim arising from a car accident, needs to establish negligence by a preponderance of the evidence. In some transportation accidents, multiple parties are involved. Illinois follows the doctrine of modified comparative negligence. That means that a jury can assign each party a percentage of fault. Even if an injured victim is partially at fault, that means the victim’s recovery will be reduced by the person’s percentage of responsibility, as long as it is less than 50 percent.
Nearly 50 People Injured in Philadelphia Trolley Crash
According to one news source, earlier this month, a public transportation crash resulted in injuries suffered by 46 people. Two trolleys in Philadelphia, Pennsylvania had been carrying passengers on the same track in West Philadelphia when one trolley rear-ended the other. The crash occurred at around 1 p.m. on a weekday with the trolleys full of passengers.
Federal crash investigators from the National Transportation Safety Board (NTSB) recently announced they will be investigating the crash. The NTSB investigators are planning to examine collision avoidance technology and federal oversight of transit operators. Officials from Philadelphia’s transportation system said that trolleys usually run about 10 minutes apart and that they were not sure why the trolleys were so close when the collision occurred.
Should You Seek Guidance from a Chicago Injury Attorney?
If you have been injured due to train conductor negligence or in another transportation accident, the injury attorneys at Moll Law Group may be able to represent you in seeking damages. The Chicago lawyers at Moll Law Group can assist victims of car accidents and bus accidents. Our attorneys are skilled in helping to guide people through medical malpractice, product liability, and other accident claims. Billions of dollars have been recovered in cases in which we were involved. We serve accident victims and their families in Naperville, Schaumburg, Wheaton, and communities throughout Cook County. Contact us via our online form or call us at 312-462-1700 to set up a free consultation.
See More Posts:
Court Applies Government Immunity in Pedestrian Accident Case, Illinois Injury Lawyer Blog, January 13, 2017.
Court Discusses “Foreseeability” Requirement in Chain-Reaction Truck Accident Case, Illinois Injury Lawyer Blog, December 2, 2016.
Court Reinstates Case After Attorney Admits Fault in Failing to Pay Court Fees, Illinois Injury Lawyer Blog, December 14, 2016.