WLDS reports that a wrongful death lawsuit was filed by Chicago attorneys on behalf of the widow of an Illinois man who was killed nearly three years ago when his car was struck by an oncoming train. The accident happened on March 4, 2010 in rural Jacksonville, Illinois. The defendants are BNSF railroad and the conductor of the train. The suit alleges that BNSF failed to maintain the warning lights at the train crossing, failed to provide crossing gates, and failed to warn the victim of the oncoming train. The suit also claims that the conductor failed to stop or slow the train, sound the horn, and operated the train at an excessive speed under the conditions. The lawsuit is asking in excess of $50,000 for grief, sorrow, and loss of society and companionship.
Wrongful death is a legal term implying that a victim’s death was caused by the fault of another person. For example, deaths caused by defective products, negligent driving, the construction of an unsound structure or building or failure to diagnose a fatal disease may be considered under the law as “wrongful deaths.” Wrongful death lawsuits are typically filed by family members on behalf of the victim. Wrongful death cases generally file claims to obtain monetary damages to cover the earnings the deceased victim would have provided. Other damages that wrongful death lawsuits seek to recover are expenses associated with the death itself, loss of inheritance from an untimely death, pain, suffering or mental anguish suffered by the survivor of the decedent, loss of companionship, care or protection, and punitive damages that are intended to punish wrongdoers and prevent them from harming others.
Train accidents like the one discussed above are all too commonplace in Illinois. Every time a driver sets out to operate a motor vehicle or any other mode of transportation, he or she is accepting responsibility for the safety of everyone else around them. When a driver’s negligent behaviors or careless actions lead to the injury or death of another person, the negligent driver must be held accountable.
Our attorneys have helped victims seek justice and compensation for wrongful deaths associated with transportation accidents since 1992. Injuries suffered as a result of these transportation accidents can be severe and life-changing. Our Chicago accident lawyers have helped victims fight for justice and have achieved a number of noteworthy verdicts and settlements. We not only have the experience, but also the resources, to handle even the most complicated wrongful death lawsuits. If you believe a loved one’s life has been wrongfully cut short by the negligence of another, please contact us to discuss your legal rights.