Delontae Fairman Killed In Chicago FedEx Truck Accident With Freight Train

Wrongful Death - November 24, 2023

FedEx Truck Driver Delontae Fairman, 29, Died In Chicago Train Accident At Norfolk and Southern Rail Yard Along West Garfield Boulevard

CHICAGO, ILLINOIS (November 24, 2023) – A FedEx truck driver identified as Delontae Fairman has tragically died in a train accident at the Southern Rail Yard.

Cook County officials are saying that the accident took place on Monday morning. A FedEx truck was stopped on the train tracks when it was hit by a freight train.

Firefighters and paramedics were called to the scene in order to help the victim. Delontae Fairman was critically injured in the collision.

Despite life-saving measures, he later died due to his injuries. Chicago Fire Department officials have said that they are still working to determine what led up to the accident.

A full investigation into the FedEx collision that killed Delontae Fairman remains ongoing at this time.

Liability For Chicago Train Accidents

Trains can be deceptively dangerous given the fact that they have a set trajectory along tracks. According to the National Safety Council, “Railroad deaths totaled 954 in 2022, an 11% increase from the 2021 revised total of 859 and the highest since 2007. Nonfatal injuries totaled 6,252, a 6% increase from the 2021 revised total of 5,882.” There are a number of reasons that rail yards can be particularly dangerous.

• Workers have to navigate around both trains and heavy equipment.
• Weather conditions such as snow and fog can make it difficult for train operators to see pedestrians and vehicles.
• Rail Yards tend to lack many clearly designated and protected crossing areas for pedestrians and vehicles.

All train operators have a legal obligation to exercise due care in order to avoid hitting vehicles and pedestrians. Trains have speed limits in much the same way that cars do. If a train operator fails to slow down to avoid hitting a pedestrian or vehicle, this could form the basis of a negligence claim. There are a number of steps that train conductors should take in order to prevent accidents.

• Train conductors should slow down when moving through rail yards and other areas with heavy traffic.
• Train conductors should continuously scan the road ahead of them.
• Train conductors should use their horn to alert others of their presence.

Depending on the facts of any case, the owner of a rail yard could be liable for an accident on their premises. Pursuant to Illinois Civil Code (740 ILCS 130/1), property owners must maintain their property in a reasonably safe condition. When a property owner is made aware of a dangerous condition with their property, they must take action to remedy the condition. It is important that evidence is properly preserved after any train accident.

• Eye witnesses should be interviewed.
• Surveillance footage should be sought.
• Medical records should be preserved.
• Prior safety incidents should be examined.

The vast majority of train accidents are preventable.  They are much more likely to occur when train conductors fail to abide by safety regulations. Freight train operators are often incentivized to get their goods delivered as fast as possible. The family of any person that died in a train accident may be able to seek some measure of justice through a civil claim.

Investigating Cook County Freight Train Accidents

We at Horwitz Horwitz & Associates extend our deepest condolences to the family of Delontae Fairman. This was a preventable tragedy that should not have taken place. Any person that may have more information about what happened should reach out to police.

Do you need more information about a Chicago train accident? Our team of train safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into any accident we are here for you. You can reach out to us anytime at (312) 564-4256.