A Chicago train accident case was recently settled on behalf of one of the passengers injured in the 2005 train derailment. The Metra train was operated by Northeast Illinois Regional Commuter Railroad Corporation, who has agreed to pay the plaintiff $2 million for the injuries he sustained as a result of the Illinois train accident. Hurley v. Northeast Illinois Regional Commuter Railroad Corporation, No. 05 L 10416.
The injured Illinois resident suffered shoulder, hip, and leg injuries as a result of the Illinois train derailment. The plaintiff required multiple surgeries for his fractured him and underwent a lengthy physical therapy program. There were several additional passengers who were injured on that date and two women died; however, the $2 million settlement is for Kevin Hurley's injuries only. The families of the two women who died as a result of the derailment have previously settled their Illinois wrongful death claims for $11 million. Presumably the other parties have also filed their own claims against Metra.
According to the National Transportation Safety Board's railroad accident brief, the September 17, 2005 Metra derailment was the result of the engineer's failure to obey signals warning him to reduce his speed and failure to obey the speed restrictions at the train crossover. At the time of the accident the Rock Island Metra train was going 69 mph through a track crossover area; the maximum allowable speed is 10 mph. As a result of the high speeds and the severe angle of the track caused the wheels to jump the track and derail.
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