James Pullos, Kristofer Riddle, and Joseph Murphy, partners at Clifford Law Offices, filed the case on behalf of the family of Marin Lacson in the January 25, 2024, death of their daughter as she crossed the tracks at the Hough Street railroad crossing on her way to school in the far northern suburb.

The 34-page complaint alleges negligence against defendants Union Pacific Railroad Company, Metra Railroad, and the Village of Barrington for their failure to adequately warn and protect pedestrians at the Hough Street railroad crossing despite at least two prior occasions where trains struck pedestrians. According to information provided by the Illinois Commerce Commission, even after these prior pedestrian casualties, no engineering study was ever performed to assess the risk of train collisions with pedestrians at this crossing, and no action has ever been taken to improve pedestrian safety at this crossing. This lack of safety measures proves especially troublesome in this community because this crossing is located in what is called a “Quiet Zone,” which means that horns are not to be sounded except at the train operator’s discretion.

The day of Marin’s death was one of dense fog, and at the time she was heading to high school at about 7:45 a.m., two trains approached the Hough Street crossing at the same time from opposite directions along the Union Pacific Northwest line. After the outbound train departed the Hough Street crossing, and due to lack of the train horn, safety warnings, and significantly reduced visibility, Marin stepped into the path of an inbound train approaching on a second track.

“Marin’s death was entirely preventable. Marin merely attempted to cross over the sidewalk on her way to school after the first train passed through the crossing. Without any warnings to alert her that an inbound train was coming from the opposite direction and without notice that this inbound track was what is sometimes called a ‘hot rail,’ Marin was unaware there was a second train approaching,” Pullos said. “Instead of showing urgency for the community safety, no action was ever taken to address the long-standing safety concerns at this crossing.”

For further information or to speak to attorney James Pullos, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com.

Media:

• • Filed Complaint (9/18/24)
  • Complaint of Michael Lacson
  • Statement by Michael Lacson
  • Photos (Pictures and video Courtesy of Clifford Law Offices)
    • Lacson Family Photo 1
    • Lacson Family Photo 2
    • Marin Lacson Photo 1
    • Marin Lacson Photo 2
    • Hart Crossing Barrington
    • Hough Street Crossing (Facing Northeast)
    • Hough Street Crossing (Facing South)
    • James Street Crossing (Barrington)
    • Main Street Crossing (Barrington)
    • Pedestrian Gate Example
    • Warning for Another Train Approaching

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“Clifford Law Offices is conducting its own investigation to figure out exactly what happened regarding the Yellow Line crash in November. The NTSB concluded that the conductor was aware of equipment on the tracks as well as a design flaw, but there is still much to be learned about exactly what went wrong in this avoidable incident. The public remains in the dark, and the CTA needs to be more transparent so the passengers can have more confidence riding on the Yellow Line,” said Joseph T. Murphy, partner at the firm handling the matter.

The CTA closed down the line for seven weeks following an investigation by National Transportation Safety Board investigators on the scene who recommended the implementation of several safety measures including lower speed limits on the line and improved communications as well as stepped-up measures to clean the tracks. Shuttle buses had been carrying passengers along the line to the Howard Street Station since mid-November when the speeding train hit a CTA snowplow that was on the tracks for training.

The NTSB released an initial report on the probable cause of the crash with a final report expected later this year.

To speak to attorney Joseph T. Murphy, partner at Clifford Law Offices, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).

www.CliffordLaw.com

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Joseph T. Murphy, partner at Clifford Law Offices, filed the case on behalf of Matt Jones, 67, an architect from Skokie, who was taken by ambulance to a local hospital following the crash that injured 37 others, some critically.

Jones was sitting in the first seat of the first row in the first car when the crash occurred, and he told his lawyers that he was “bounced around like a pinball.” He suffered many injuries including head injuries that required stitches.

It was reported that National Transportation Safety Board (NTSB) investigators are on the scene and the tracks remain closed.

“This type of crash was completely preventable,” Murphy reiterated. “This is a catastrophic example of how the CTA failed to make commuter transportation safe for its innocent passengers. Were the backup safety stop measures in operation? Why was CTA equipment on the same tracks as a commuter train carrying passengers? These are all questions that our clients and the commuting public deserve, and these lawsuits will get to the bottom of it.”

Jones’ complaint was filed this morning in Cook County Circuit Court and alleges that the commuter train was operated negligently. The firm has filed numerous lawsuits in the past against the CTA for various injuries and deaths due to the CTA’s negligent conduct including one late yesterday on behalf of Cleon Hawkins who also was on yesterday’s CTA train and suffered injuries.

For further information or to speak to Joseph Murphy, contact Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).

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Joseph T. Murphy, partner at Clifford Law Offices, filed the case on behalf of Cleon Hawkins, 52, of Chicago, who was taken by ambulance to a local hospital following the crash that reportedly injured 37 others, some critically.

“This type of crash was completely preventable,” Murphy said. “This is an example of a catastrophic failure on the part of the CTA to make commuter transportation safe for its passengers who depend on it. The purpose of the CTA is to get people safely from one destination to another and here we find a commuter train loaded with passengers colliding at a high speed with its own equipment on a commuter track.  In this day and age, something like this should never happen.”

The complaint was filed in Cook County Circuit Court and alleges that the commuter train was operated negligently. The firm has filed numerous lawsuits in the past against the CTA for various injuries and deaths due to the CTA’s negligent conduct.

For further information or to speak to Joseph Murphy, contact Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).

The post Clifford Law Offices Files First Lawsuit Against the CTA in November 16 Crash on the Yellow Line appeared first on Clifford Law Offices.

Investigators say the incident, which killed three people and seriously injured dozens, was caused by poor track conditions at the accident site. According to the report, the tracks, owned by BNSF, showed worn rail, vertical track deflection, instability, and track misalignment. The report also determined that poorly equipped and designed Amtrak passenger cars contributed to the deadly outcome of the incident.

Kristofer S. Riddle, partner at Clifford Law Offices and an attorney for passengers who were on the train when it derailed, shared in an interview that he was unsurprised by the report’s findings since damaged tracks are well-known safety concerns.

“Amtrak and BNSF have already admitted liability for this derailment, and appropriately so because the facts that were revealed in the NTSB report … demonstrate their negligent failure to inspect and maintain the railroad tracks that Train 7 was riding on when it derailed.”
-Kristofer S. Riddle, partner at Clifford Law Offices

Clifford Law Offices is representing a number of passengers who were involved in this tragic incident, offering expertise in handling complex passenger train cases. Mr. Riddle, who is the team’s lead attorney in this case, was also part of the trial team that obtained a $16.75 million verdict on behalf of three clients who were involved in the 2017 Amtrak derailment outside DuPont, Washington. Additional settlements related to that derailment totaled over $56 million.

With extensive experience litigating serious train accidents involving Chicago Transit Authority (CTA) vehicles, Metra trains, Amtrak, and other trains and rails, Clifford Law Offices can offer clients the best possible outcome following a horrific public transportation event. To learn more about Clifford Law Offices, click here.

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Michael Graham, a member of the National Transportation Safety Board, told AP News that 14 cars carrying hazardous materials were involved in the derailment “and have been exposed to fire.”

Since the derailment, the evacuation order has been lifted, but according to reports from CNN, residents are still wary about the possible long-term health concerns associated with the hazardous materials and the impact this derailment will have on families and the environment as public water sources and the air are still being tested.

Congressman Jamaal Bowman tweeted on Wednesday, February 15:

“Nearly 1 million pounds of vinyl chloride were on this train. Now, the EPA has confirmed it’s entered the Ohio River basin which is home to 25 million people.

This is one of the deadliest environmental emergencies in decades and no one is talking about it.”

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When the negligence of employees or a train company interferes with the safety and livelihood of passengers, it is important for justice to be served and for those liable to be held accountable.

The team of Chicago train accident attorneys at Clifford Law Offices have decades of experience advocating for justice on behalf of injured passengers. Whether an accident occurs on the CTA, Metra, or Amtrak, our firm is equipped to conduct thorough and independent investigations and take on large companies as well as their insurance providers.

A Nationwide Network

Rail transportation has a critical role in the U.S. transportation system and economy. Millions of travelers rely on trains for daily commutes, crossing state lines, or shipping and receiving goods. According to 2020 transportation and logistics research, there are just under 140,000 miles of track in the U.S. made up of privately owned freight rails, and private and public passenger rails. Amtrak is one of the largest rail operators in the U.S. with a nationwide network covering 21,400 miles of routes providing service on the tracks of “host railroads” owned by other rail companies or Amtrak-owned track.

With over 14,000 total railroad crossings across the state, of which, over 7,500 are highway-rail grade crossings, Illinois has the second largest rail presence per mile in the country. Consequently, these statistics have also led to Illinois’ reputation as one of the most dangerous states in the nation for fatal railroad incidents. Chicago remains heavily reliant on railways for public transportation. On an average weekday, the CTA’s rapid transit system services 1.6 million passengers.

What is the Impact?

According to 2020 data from the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and Federal Railroad Administration (FRA), every four hours a person or a vehicle is hit by a train in the U.S. In 2021 the Federal Railroad Administration reported a total of 8,055 train accidents.

All rail operations must comply with federal and state regulations, including those promulgated by the Federal Railroad Administration (FRA), the Occupational Safety and Health Administration, the Pipeline and Hazardous Materials Safety Administration, and the Department of Homeland Security. Both private and public companies are required to maintain tracks, equipment, and facilities as well as ensure their employees are properly certified and trained. Despite these regulations, the number of accidents and deaths that occur due to railway negligence is alarming.

Causes of Accidents

There are a number of reasons why train accidents occur, and many are related to failure to create and maintain a safe environment for passengers. While every case is unique, the most common causes of train accidents include:

• Negligence
• Human error
• Mechanical failure
• Speedy trains
• Defective tracks
• Derailments
• Unprotected railroad crossings
• Improper maintenance

How We Can Help

Navigating the legal complexities of a train incident is challenging, especially when handling dozens of injuries that resulted from the same accident, a large company such as Amtrak, and aggressive insurance companies. Clifford Law Offices has an extensive history of representing multiple passengers involved in train crashes and derailments and their loved ones over the last several decades. Our firm has obtained over $5 billion in verdicts and settlements by combining the 100 years of train litigation experience among our partners to garner the best possible outcomes for clients:

• $56.78 Million in Settlements in Seattle Amtrak Derailment: Clifford Law Offices obtained a total of $56.78 million in settlements involving the derailment of Amtrak Train 501 outside DuPont, Washington, four years ago. The settlement concludes the cases filed by Clifford Law Offices in Federal District Court involving a speeding Amtrak 501 train that left dozens of people injured and multiple fatalities.
• $35 Million Verdict: Rachel Barton, a 20-year-old gifted violinist, was on her way to teach a class at a suburban Chicago music school when the doors of a Metra commuter train closed on her violin case shoulder strap and other bags, pinning her to the train doors. The train pulled out, dragging Barton nearly 300 feet. By the time she was able to free herself, she was pulled under the train, severely injuring her. Good Samaritans came to her rescue, and following numerous surgeries, she continues to play the violin as a concert soloist.
• $8.5 Million Settlement: Attorneys at Clifford Law Offices represented a married couple who were crushed inside their car when a Union Pacific train derailed from a viaduct in Glenview, Illinois.

If you have been injured in a train accident, you are not alone in your emotional, physical, and financial recovery. Our award-winning team of Chicago railroad accident attorneys at Clifford Law Offices have the experience and resources to fight for justice and maximum compensation on your behalf. Please contact our office by calling us at (800) 899-0410 or (312) 899-9090.

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The family, who was taken to a hospital for their injuries, contacted Clifford Law Offices to help them find out what happened early Monday afternoon when the passenger Amtrak Southwest Chief Train 4 derailed in Mendon in the central part of Missouri. The train was headed to Chicago having started in Los Angeles, California, and making many stops along the way, including stops in Kansas. The family boarded in Kansas City, Missouri, headed to Chicago for a future business leaders conference at McCormick Place.

It is being reported that four people, including the truck driver, were killed, and 150 of the 243 passengers aboard were taken to area hospitals, according to the Missouri Highway Patrol. A go-team of 14 officials from the National Transportation Safety Board (NTSB) arrived Tuesday to investigate the derailment, including whether all proper Federal Railroad Administration (FRA) safety rules were followed. The NTSB will look into whether the train used its horn to warn of its presence as well as the speed of the train which is regulated by the FRA.

The derailment occurred at an “uncontrolled intersection” with no lights or electronic controls, according to the highway patrol. The intersection also will be examined. The NTSB is reporting that upgrading that rail intersection would cost approximately $400,000. The tracks have been shut down while the investigation at the scene continues.

“Uncontrolled grade crossings are inherently dangerous,” said Kristofer Riddle, partner at Clifford Law Offices who is handling 42 cases from a 2021 Amtrak derailment in Montana. “Clifford Law Offices will conduct its own investigation into what occurred, but inevitably negligence is involved, and the stakes are very high when a high-speed passenger train is involved.”

Riddle was also part of the trial team that obtained a $16.75 million verdict for several clients who were involved in the 2017 Amtrak derailment outside DuPont, Washington.

“We continue to receive inquiries from others who were aboard the train in Missouri,” Riddle said. “People want answers, and they deserve answers.” The family from Kansas was in the fourth or fifth car that derailed off the tracks.

Clifford Law Offices is seeking information, videos, photos, and witness accounts from those at the scene. The law firm intends to file a lawsuit against Amtrak and the trucking company, on behalf of the Kansas family, alleging a number of causes of actions based upon its own investigation as well as information provided by officials.

For further information, please contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or Kristofer Riddle at 312-899-9090.

www.CliffordLaw.com

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If you were injured in a train accident, you are not alone in your emotional, physical, and financial recovery. Our award-winning Chicago railroad accident attorneys at Clifford Law Offices have the experience and resources to fight for justice and maximum compensation on your behalf so you can focus on your getting your life back on track. Our firm has obtained over $5 billion by combining our 100 years of train litigation experience to garner the best possible outcomes for clients.

Clifford Law Offices partner Kevin Durkin, a highly-experienced Chicago railroad accident attorney, provides insight and answers common train accident questions below. If you or a loved one was injured while on a train, please keep reading. Additionally, we are always available to discuss your case and answer your questions. Please call us at 312-899-9090 or fill out this online form.

Below are a few helpful FAQs that include insights from Kevin’s train accident FAQs.

FAQs

What should I do right after the train crash?

Being injured by a train is a unique circumstance because you are one of many potentially wounded passengers.

As soon as possible, seek the medical care you need—your health is always the top priority. Do NOT let the railroad company talk you out of getting medical help right away. Often, railroad companies send their doctors to help injured passengers. Keep in mind that these doctors are also working in a corporation with the railroad company’s legal and insurance teams to minimize injuries, exposure, and possible lawsuits. Therefore, it is vital to get an appointment with your unbiased, personal doctor as soon as possible. Do not shy away from telling your doctor exactly what happened and the details of how you are injured.

After your immediate medical needs are taken care of, seek out highly experienced train accident attorneys. Never provide any statements to investigators, or anyone else, before hiring a railroad accident attorney. You want to ensure that all of your rights are protected and that you are fully informed before proceeding with anything like a recorded statement.

What type of law firm should I hire?

It is important to hire a competent transportation law firm rather than a firm from a specific location. At Clifford Law Offices, we immediately deploy a team of railroad accident experts to preserve the evidence that establishes our clients’ claims because you know the railroad’s insurance company is doing that right away. Our experts and investigators are former National Transportation Safety Board (NTSB) employees. Their specific railroad expertise, combined with our 100 years of rail experience, plus our firm’s relationships and tools, make us incredibly successful in train accident matters. That is the Clifford difference.

In June 2021, Clifford Law Offices secured $56.78 million for multiple clients who brought personal injury and wrongful death lawsuits against Amtrak. In this case, the speeding Amtrak Train 501 had derailed outside of DuPont, Washington. Please view other train accident results here.

On September 25, 2021, an Amtrak train derailed in Montana, killing three passengers and injuring dozens more. Clifford Law Offices is currently representing 42 passengers, who obtained a range of injuries in the accident, in a collection of lawsuits aimed at exposing the negligent conditions of the rail track that caused the incident.

Clifford Law Offices was hired to represent a family injured in the Amtrak derailment on June 27, 2022, in rural Missouri. Four individuals were killed and 150 were injured in this preventable tragedy.

Is there any difference in how a railroad accident attorney handles a case against Metra as opposed to Amtrak?

From a strategy standpoint, the handling of Metra and Amtrak train cases is similar. Usually, the engineers have all received the same type of training, and the same rules typically apply to both Metra and Amtrak engineers. However, it is important to know the legal significance of the entities and the restrictions on timing to file suit against government entities. Metra trains operate through the Regional Transportation Authority as a government entity while Amtrak is a federally chartered corporation that operates as a for-profit company. This distinction can lead to differences in how cases are handled, and how negligence is distributed.

When filing a personal injury claim against the state of Illinois rather than a private entity, the plaintiff must follow the laws set in place by The Illinois Court of Claims Act which governs claims brought against the state. In the instance of a case against Metra, additional lawsuit restrictions and statutes apply through this act, requiring the plaintiff to file their claim within one year of the injury. The same laws do not apply to cases against private defendants, such as Amtrak, in which the plaintiff will have two years from the time of injury to file a claim.

Clifford Law Offices was involved in a $35 Million verdict against Metra after Rachel Barton, an internationally acclaimed violinist, was severely injured when the Metra train doors closed on her and dragged her body for several hundred feet. The train was operated under contract with Metra by the Chicago and Northwestern Railway in this situation. Therefore, some of the limitations that may be present for a governmental entity were not present in that case. Additionally, there was the availability of punitive damages because of Metra’s history of not recognizing the problem of people being trapped in the doors of both Metra trains and Chicago Northwestern commuter trains.

Let’s Get To Work.

While you focus on healing emotionally and physically, Clifford Law Offices can focus on battling big train and insurance companies to recover the compensation you deserve. Discuss your train accident personal injury claim with a free and confidential consultation by calling (312) 899-9090 or filling out this online form.

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