For lawyers preparing to sue over Sundays deadly New York commuter rail accident, their success in court may depend largely on two factors: whether human error caused the derailment and if state or federal law governs railroad safety in the case. Tens or hundreds of millions of dollars could be at stake, based on previous cases. A Cook County, Illinois, jury in 2009, awarded more than $29.5 million to a Chicago woman injured in a 2005 commuter train derailment.
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