Marin Lacson was on her way to school in January in dense fog, when a Metra train hit her at the crossing at Hough Street and Union Pacific crossing.
Lacson attempted to cross the train tracks after a train had already passed, and she was hit by a different train coming from the other direction, the Lake County Coroner's Office said.
There are still no pedestrian gates at the crossing.
Clifford Law Offices filed a lawsuit against Union Pacific Railroad Company, Metra Railroad and the village of Barrington, they said in a news release Wednesday.
The suit alleges negligence "for their failure to adequately warn and protect pedestrians at the Hough Street railroad crossing despite at least two prior occasions where trains struck pedestrians," the release said.
Attorneys said despite the two prior pedestrian casualties, an engineering study was not performed, and no action has been taken to improve safety.
The area is also a "quiet zone," meaning train horns are not to be sounded, except at the train operator's discretion, the law firm said.
The complaint explains the nearby crossings that have pedestrian gates have never reported casualties.
"Pedestrian gates should be something that every single railroad, every single village, has in place to protect its community residents and protect the pedestrians that are near railroads," said Jim Pullos, with Clifford Law Firm.
Pullos said what makes this more devastating is a child has been hurt before at this very crossing.
"Eleven years prior to Marin's tragic death, there was another young child that was hit by another simultaneous train that was passing through that same crossing," he said.
That child's family also asked for proper pedestrian safety measures, Pullos said.
In the days following the incident, Barrington officials said they were considering installing pedestrian gates and adding more safety signage.
Barrington parents also took matters into their own hands to help students cross the busy tracks throughout the village.
Lacson was a junior at Barrington High School, and a star on the school's and Second City's lacrosse teams.
In a statement, Mike Lacson, the girl's father said in part, "Her death was preventable. Unlike other nearby railroad crossings, this crossing lacked pedestrian gates and other pedestrian warnings which would have saved my daughter's life."
The family said they're demanding justice and accountability in the hopes it will save other lives.
They moved out of state because of the amount of devastation they feel.
"Railroad companies have done nothing to improve safety at this railroad crossing since this tragedy," Mike Lacson said. "We urge the community to hold these railroad companies responsible as well as to hold the elected officials of the village of Barrington responsible for their past and continued failures regarding their communities."
In a statement, Union Pacific said, "At Union Pacific, safety is the key foundational pillar of everything we do. Our thoughts are with the Lacson family and community impacted. At this time, we have not had the opportunity to review the lawsuit."
The village of Barrington said, "The Village of Barrington is aware of a lawsuit, though we have not yet been formally served. In response to inquiries from the media regarding the Village's actions following the accident, we are providing a detailed summary of the immediate steps taken in the aftermath of Marin's tragic passing."
A Metra spokesperson said the commuter rail has no comment on the lawsuit.