Who is responsible when a passenger is hurt on a train?
Usually the company or agency that runs the train. In Illinois, a common carrier owes its passengers the highest degree of care consistent with the practical operation of its trains, and that duty lasts until the passenger has had the chance to get off safely and reach a place of safety. A railroad that falls short of that standard is responsible for the injuries it causes.
More than one company can share the blame. A train accident claim may involve
- The operator. Amtrak, Metra, the CTA, or another commuter or intercity railroad.
- The railroad that owns the track. Amtrak and many commuter trains run on track owned and dispatched by freight railroads.
- Contractors. Companies that maintain the track, signals, stations or cars.
- Manufacturers. The makers of defective doors, brakes, couplers or other equipment.
What kinds of train accidents injure passengers?
- Derailments and collisions
- Railroad crossing crashes
- Trips and falls getting on and off passenger trains, including gaps between the train and the platform
- Hazards inside the passenger cars, such as sudden stops and lurches, closing doors, falling luggage and broken seats or stairs
- Injuries at Metra, CTA and Amtrak stations caused by unsafe stairs, platforms, lighting or other conditions
Every year, railroad accidents seriously injure and kill people across the country, passengers among them. Hoey, Farina & McMahon brings deep transportation litigation experience and inside knowledge of railroad operations to each case.
Do you have a claim if you fell on a platform or getting off the train?
Often, yes. The carrier’s highest duty of care covers getting you off the train safely, so a gap, a defective step, a door that closes on you or a train that moves while you are still boarding can all support a claim. One Illinois limit applies to winter falls. In Krywin v. Chicago Transit Authority (2010), the Illinois Supreme Court held that a carrier generally is not liable for a fall on a natural accumulation of snow or ice on its platform. A fall caused by an unnatural accumulation, or by a defect in the platform itself, is a different case.
How long do you have to file a train accident claim in Illinois?
It depends on who ran the train.
- Most claims. Illinois generally allows two years from the injury for a personal injury suit.
- The CTA. A suit against the Chicago Transit Authority for an injury must be filed within one year.
- Other public bodies. Illinois sets a one-year limit for many claims against local public entities, which can include commuter and transit agencies.
- A death. An Illinois wrongful death action generally must be filed within two years of the death.
Accidents in other states follow that state’s deadlines. Talk to a lawyer early, because the shortest deadline is the one that counts.
What if the railroad says you were partly at fault?
In Illinois, your own fault reduces your damages by your percentage of fault, and it bars recovery only if you were more than 50% responsible. Railroads and their insurers argue passenger fault often, which is why the evidence from the first days matters.
Is there a limit on what train passengers can recover?
Only in the largest disasters. Federal law caps the total awarded to all passengers, against all defendants, for all claims from a single rail passenger accident. Since September 4, 2026, that cap is $401,900,000. The same law allows punitive damages only where state law permits them and the passenger proves, by clear and convincing evidence, conduct showing a conscious, flagrant indifference to the rights or safety of others.
What can an injured passenger recover?
- Medical expenses, past and future
- Lost income and lost earning capacity
- Pain and suffering, and emotional distress
- Disability, disfigurement and the loss of a normal life
- For families, wrongful death damages, including grief, sorrow and mental suffering under Illinois law
The firm won a $430,382 jury verdict for a commuter rail passenger, a record verdict for artificial disc replacement surgery. Read the case result. Prior results do not guarantee a similar outcome.
What should you do after a train accident?
- Get medical care, even if you think you are not badly hurt.
- Report it to the conductor or station staff, and ask for the incident report number.
- Keep proof you were a passenger, such as your ticket, pass, Ventra card or reservation.
- Take photos of the car, the step, the platform and your injuries, and get the names of witnesses.
- Keep a record of time missed from work, your expenses and all medical bills.
- Talk to a train accident lawyer before you give the railroad or its insurer a recorded statement.
More on passenger claims in our guides to Amtrak accident claims, CTA train accident claims and train accident claims.
What about railroad crossing accidents?
Drivers and pedestrians hit at a crossing can have claims too. They often turn on the crossing’s signals and gates, the sight lines and vegetation around it, the train’s horn and speed, and the crew’s lookout. If you were hit by a train, see what to do after being hit by a train.
Were you working on the train?
Railroad employees, including Amtrak and commuter railroad crews, are covered by the Federal Employers’ Liability Act, not the passenger rules on this page. See FELA railroad injury claims. For claims against Amtrak by passengers or crews, see our Amtrak injury lawyers.
