A woman has lost her right foot after being involved in an Illinois train accident. The accident occurred early in the morning on May 5. The woman and another man, both University of Illinois students, were vandalizing the train when it began to move. Although both tried to jump out of its path, she was unable to get completely out of the way and the train accident occurred when her foot was run over, severing it completely.
The train normally runs through downtown Champaign and Neil Street in a north and south direction. It is believed they attempted to jump off at the Green Street viaduct. After the accident, the woman’s companion carried her to a nearby parking lot. Paramedics responded and she was transported to Carle Foundation Hospital. Surgery occurred there and she is currently in fair condition.
This woman may have an uphill battle if she attempts to file a lawsuit against the train company for the accident. While she was engaged in a wrongful activity, the train began to move. Whether the train moved because it was not properly stopped or if it was beginning a route early that morning is unknown.
In such a case, comparative negligence is a possibility. When two parties are responsible for an accident, comparative negligence can decide how the responsibility for an accident causing bodily harm should be shared between all involved parties. Knowing her legal rights as they pertain to this Illinois train accident can only help her as she decides what, if any, legal actions to take.
Source: News-Gazette.com, “Woman’s foot injured in train accident,” Mary Schenk, May 5, 2012