Chicago is one of the busiest rail hubs in North America — CTA "L" trains, Metra commuter lines, Amtrak, and the freight networks of BNSF, Union Pacific, CN, and Norfolk Southern all converge here. When something goes wrong, the injuries are catastrophic and the legal deadlines are unforgiving. CTA injury claims require written notice within 1 year under 70 ILCS 3605/41 — miss it and your case is over. Schwaner Injury Law represents passengers, pedestrians, motorists, and railroad workers injured in Chicago train and transit accidents. Free, confidential consultation 24/7.
Train and transit injuries are often catastrophic. Illinois law allows victims to recover the full economic and non-economic harm caused:
David J. Schwaner has spent over two decades fighting transit and rail defendants in Cook County. The CTA, Metra, and the freight carriers are repeat-player defendants with in-house legal teams whose entire job is to minimize your claim. We move fast, preserve evidence, and put your case in the strongest position from day one.
You pay nothing unless we win. David handles all case costs upfront — accident reconstruction, medical expert fees, deposition costs — so you can focus on your recovery.
CTA claims have an extremely short deadline. Under 70 ILCS 3605/41 you must serve written notice on the CTA within 1 year of the injury, and you must file your lawsuit within 1 year. Missing the notice deadline is fatal to your case.
Liability depends on the type of rail and cause. Possible defendants include the CTA, Metra, Amtrak, BNSF, Union Pacific, Norfolk Southern, equipment manufacturers, maintenance contractors, the operator personally, and other drivers in crossing collisions.
Under Illinois law, railroads and transit operators are common carriers and owe passengers the highest duty of care — a far stricter standard than ordinary negligence.
Railroad employees are not covered by Illinois workers' compensation. Instead, the federal Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, governs and allows full recovery for medical expenses, lost wages, and pain and suffering.
Yes, but you must strictly comply with the notice and filing rules of the Metropolitan Transit Authority Act (70 ILCS 3605/41). An experienced attorney should be involved immediately.
Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win. Tell us what happened and we'll tell you if you have a case — no obligation.
Available 24/7 · Free · No obligation · Confidential
From first call to final settlement or verdict — here's exactly how David Schwaner fights for train and transit accident victims in Chicago.
We evaluate your train, CTA, Metra, or freight rail case at absolutely no cost. You'll speak directly with David Schwaner about what happened, what evidence exists, and what your case is worth.
For CTA cases we serve statutory notice immediately under 70 ILCS 3605/41. We send preservation letters demanding event recorders, station video, dispatch logs, and maintenance records. We retain accident reconstructionists where needed.
We prepare a comprehensive demand package backed by medical, economic, and engineering experts and negotiate aggressively. Transit and railroad defendants know Schwaner Injury Law is prepared to litigate.
Most cases resolve before trial. If a transit agency or railroad refuses fair value, David Schwaner files in Cook County Circuit Court and tries the case to a jury.
You receive your settlement or verdict. Our fee comes only from your recovery — zero out-of-pocket cost to you. No fee unless we win, guaranteed.
Train and transit cases involve a tangle of state, local, and federal law. Here's what every injured Chicago commuter, pedestrian, and rail worker needs to know.
David Schwaner has recovered over $30 million for injured Chicagoans, including transit, rail, and crossing-collision victims.
Two decades of Cook County litigation against transit agencies, freight carriers, and Class I railroads.
Call or text David Schwaner anytime. CTA notice runs from day one — we move fast.
No upfront costs. We advance all expert and litigation expenses so you can focus on healing.
Illinois-specific answers to the questions injured train and transit victims ask most. If your question isn't here, call (312) 635-4000 — David answers personally.
CTA cases follow the Metropolitan Transit Authority Act (70 ILCS 3605/41), which requires written notice on the CTA within 1 year of injury and filing of the lawsuit within 1 year. Failure to comply with the notice provision is a complete bar to recovery in most cases. Private rail (Amtrak, freight) follows the standard 2-year SOL under 735 ILCS 5/13-202.
Depending on the facts, defendants may include the CTA, Metra, Amtrak, the freight carrier (BNSF, UP, NS, CN, CSX), the operator personally, equipment manufacturers, signal contractors, track maintenance contractors, and other motorists or property owners involved at crossings. Identifying every responsible party is critical because rail cases often involve overlapping insurance and indemnity agreements.
Illinois law treats railroads and transit operators as common carriers, which imposes the highest duty of care toward passengers — far above the ordinary "reasonable care" standard. That means even slight negligence in operation, inspection, or warning can support a passenger's claim. This favorable standard is one of the most important advantages in train and CTA cases.
No. Railroad employees are excluded from Illinois workers' compensation. Instead, your remedy is the federal Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. FELA is a fault-based statute, but it has a uniquely low causation standard — if the railroad's negligence played any part, even slightly, in causing your injury, you can recover full damages including pain and suffering. FELA cases are very different from auto or premises cases and require an attorney with rail experience.
Outcomes depend heavily on the severity of injury, length of recovery, lost income, and liability strength. Minor passenger injuries can resolve in the tens of thousands. Moderate cases involving fractures, surgeries, or prolonged disability typically range from several hundred thousand into seven figures. Catastrophic cases — paralysis, traumatic brain injury, amputation — and wrongful death cases regularly produce multi-million dollar verdicts and settlements in Cook County. We never quote a specific number until we understand all of the facts.
Yes. All train, CTA, Metra, Amtrak, freight rail, and FELA cases are handled on a contingency basis. There are no upfront fees, no hourly bills, and no charge unless we recover compensation for you. We advance all litigation costs and you owe nothing out of pocket. Call (312) 635-4000 anytime for a free, confidential evaluation of your case.
Schwaner Injury Law handles CTA, Metra, Amtrak, and freight rail cases throughout the Chicago metropolitan area including the Loop, River North, Logan Square, Pilsen, Hyde Park, Lincoln Park, Wicker Park, Bucktown, Rogers Park, Lakeview, Wrigleyville, Evanston, Oak Park, Skokie, Berwyn, Cicero, and throughout Cook, DuPage, Lake, Will, and Kane counties. Call (312) 635-4000 for a free consultation. Available 24/7, no fee unless we win.