Train Accident Claims
Trains are one of the most eco-friendly modes of transportation, and over a million people in the UK use them every day. Although they can be expensive, they are fast and allow you to engage in other activities during your travel, such as reading, eating, or even working.
While the service offered by train companies is usually of a high standard, accidents do occasionally happen. These include slips and falls, injuries caused by damaged furniture, train derailments and falling luggage from overhead carriers. Any accident that was due to someone else’s negligence can lead to a personal injury claim and subsequent compensation.
To find out if you are eligible to make a train accident claim, call 0800 470 0474 today for a free consultation, or enter your details here to request a call back.
Can I make a train accident claim?
Train station businesses and rail operators must take reasonable steps to prevent accidents and injuries to all employees and members of the public. If you were injured on a train or at a train station, you might be able to claim compensation for your pain, suffering, and other related losses.
The best way to determine if you can make a rail accident claim is through a free consultation with a personal injury solicitor. They will ask you some questions about your circumstances to determine whether:
- Another party, such as the train or station operator, breached its duty of care towards you
- Their negligence led to an accident
- You suffered a personal injury as a result of this within the past three years
You do not have to worry about proving negligence, as your solicitor will do this by referring to relevant legislation. Based on your situation, the following laws might apply to your case:
- The Occupiers Liability Act 1957. Under this Act, business owners and train companies must take reasonable steps to ensure the safety of their premises and prevent foreseeable harm to visitors. This includes maintaining all areas in a safe condition, providing adequate signage and security measures, and addressing any hazards on their premises promptly.
- The Health and Safety at Work Act 1974. This is the primary legislation that places a duty of care on employers in the UK. All employers must offer a safe working environment, adequate training, and supervision to employees. They must also provide personal protective equipment when necessary and establish clear health and safety policies in the workplace.
After establishing a breach of duty, your solicitor will help you gather the necessary evidence to support your claim and contact the defendant to inform them of your intentions to take legal action.
What evidence do I need to support my train accident claim?
If you want to make a train passenger claim or an accident at work claim, you will need clear evidence to show what happened and the losses you suffered as a result. To improve your chances of receiving train injury compensation, you should do the following after a train accident:
- Collect visual evidence. It can be helpful if you take photographs or a video of the accident scene. These should be taken from various positions before anything is moved or replaced and include pictures of any visible injuries. If your incident was captured by CCTV, you should also try to secure a copy of the footage.
- Get witness details. Ask for the names and contact details of anyone who saw what happened. Their testimony can be essential to prove liability and ensure you make a successful train accident compensation claim. Your friends and family members can also give a statement about how your injuries have affected your life.
- Seek medical care. Your health should always be your first priority after an accident, so you should visit your GP, a minor injuries unit, or the A&E as soon as possible. This will ensure your injuries will be diagnosed and treated correctly. Your medical records will serve as essential proof for your train injury claim.
- Make an accident report. Inform the train company or a staff member about what happened and ask for a copy of the accident book entry. This will help prove the date, time, and location of the incident.
- Take notes. Write down every detail you can remember about how the accident occurred and what you were doing beforehand. Keep a journal of all the pain and suffering caused to you by your injuries and everything you had to miss out on because of them, such as work and social events.
- Keep evidence of financial expenses. Make sure to keep all invoices, receipts, payslips and other documents related to out-of-pocket costs that you want to include in your injury compensation claim.
Who could be liable in a train injury compensation claim?
Based on the circumstances and location of your accident, several parties could be liable for compensation in a claim for a train accident, including:
- The train company may be liable for accidents resulting from negligence in train operations, maintenance, staffing, or station management;
- Network Rail, the company which owns and operates Britain’s railway infrastructure, may be liable for accidents caused by defects or hazards of tracks, platforms and other infrastructure elements;
- The Criminal Injuries Compensation Authority (CICA) will pay your compensation award if you suffered an injury due to an assault on a train or at a train station;
- A maintenance contractor, if your accident resulted from their negligence or failure to perform maintenance, repairs, or construction work according to safety standards;
- A property owner or occupier of a shop, restaurant or another business if they failed to maintain safe conditions for visitors;
- A manufacturer may be liable for accidents caused by defects or failures in their products, such as railway equipment, mechanical parts of the train or signalling systems.
Your solicitor will be able to determine who your claim will be against after assessing your case.
Examples of train and train station accidents
Many accidents can lead to a train injury claim, including:
- Slips and falls. You may slip and fall on wet or slippery platforms, staircases, or train floors. Despite being preventable with good housekeeping, these are some of the most common accidents.
- Trips over obstacles. Obstacles such as luggage, debris, or damaged flooring on platforms or trains can cause passengers or employees to trip and fall.
- Train collisions. Collisions between trains due to signalling errors, track defects, or operator negligence can cause severe injuries to passengers and employees onboard.
- Mechanical failures. Malfunctions in train doors, brakes, or other equipment can cause accidents such as sudden jolts, collisions, or derailments.
- Assaults and violence. Train stations can be settings for criminal activities, including assaults, robberies, or harassment, posing risks to passengers and staff.
- Falls from heights. Falls from staircases, escalators, or elevated platforms within train stations can occur due to slippery surfaces, defective handrails, or a lack of barriers.
- Falling objects. Luggage, equipment or signage may fall from overhead compartments or shelves and injure passengers and employees.
- Food-related accidents. Spills, burns, or allergic reactions may occur from mishandling food or beverages onboard trains or in station areas.
- Damaged furniture. Broken seats, benches or other furniture within train stations or waiting areas can lead to falls, cuts and lacerations.
What injuries could lead to a successful train injury claim?
Accidents on trains or at railway stations can cause various injuries that may potentially result in a train passenger claim, such as:
- Broken bones due to falls or train collisions, which can affect any part of the body, such as the legs, wrists or hips;
- Soft tissue injuries like sprains, strains and contusions can be due to slips, trips, falls, or sudden jolts during train travel or station incidents;
- Head injuries, ranging from minor bruises and concussions to severe brain trauma;
- Spinal cord injuries from severe impact or falls may result in paralysis, nerve damage and loss of bowel and bladder control;
- Cuts, bruises and lacerations from sharp edges, broken glass or debris on trains or platforms;
- Burns from exposure to hot surfaces, steam, faulty electrical equipment, or chemical spills onboard trains or in stations;
- Crush injuries to limbs or extremities due to being trapped between train doors, machinery, or heavy objects;
- Psychological trauma from accidents or witnessing traumatic events like assaults or fatal injuries.
The type and severity of your injuries will determine the amount of compensation you could claim following your accident.
Can I claim compensation as a train company employee?
If you work for a train company or a business in a train station and you have an accident at work, you might be eligible to claim compensation. Your employer must take reasonable measures to protect your health and safety, such as:
- Conduct regular risk assessments to identify hazards that may lead to accidents;
- Maintain safe working conditions on and around railway tracks, platforms and other work areas;
- Carry out regular inspections and maintenance of tracks, equipment and machinery;
- Ensure compliance with safety standards and regulations;
- Offer adequate training on railway and train operations, signalling systems, safety procedures and the use of equipment and machinery;
- Provide appropriate safety equipment, such as high-visibility clothing, safety helmets, harnesses, ear protection, and respiratory masks;
- Actively monitor for safety hazards, near-misses, and other safety concerns reported by employees.
If your employer has failed to comply with the legislation and you were injured in a workplace accident, a solicitor can help you claim train injury compensation.
Frequently asked questions
If you suffered an accident while travelling by train and want to learn more about the claims process, please refer to the section below. We have answered the most common questions from claimants about making a personal injury claim. To discuss your case further, do not hesitate to call 0800 470 0474 or request a call back.
Can I make a personal injury claim on behalf of a loved one?
If a friend or family member was injured in a train accident and cannot make a claim for compensation themselves, you could act on their behalf. When the injured party is a child or an adult who lacks mental capacity, a litigation friend can represent them in a personal injury claim.
A solicitor can help you apply to the court to be named as your loved one’s litigation friend and start legal proceedings. You will have several responsibilities, such as keeping their best interests in mind, making decisions about the case and signing legal documents. Any train injury compensation you secure for your loved one must be agreed upon by a judge during an Approval Hearing in court.
How long do I have to make a claim for a train accident?
According to the Limitation Act 1980, you have three years from the date the accident happened to start your claim. After this period, your case becomes statute-barred, and the court will no longer accept it, even if it has merit. There are a few exceptions to this rule:
- With child injury claims, the time limit begins on the child’s 18th birthday, and they will have until turning 21 to start a claim. A parent or guardian could claim on their behalf at any time before that.
- There is no limitation date if the claimant cannot handle their case due to a condition such as an intellectual disability, mental health disorder or PTSD.
- If you were injured in a criminal assault, you have two years to start a claim through the Criminal Injuries Compensation Authority (CICA).
How much is a train accident compensation claim worth?
The amount of compensation you could receive if your claim is successful will depend on your specific losses. Your train injury compensation amount will be based on two types of damages:
- General damages, awarded for pain, suffering and other subjective losses your injury caused you, such as inability to engage in social activities
- Special damages, awarded for financial losses and expenses, such as medical bills, care costs, lost wages and modifications to your home or vehicle
Your solicitor will work hard to achieve the maximum compensation award on your behalf. Our compensation calculator can help you determine the amount you could receive for general damages based on the type and severity of your injuries.
Can I make a No Win No Fee claim?
If you have a valid claim for personal injury compensation following an accident on a train, your solicitor will offer you a no win no fee* agreement. You do not have to pay them anything upfront or if your claim fails. Your solicitor will only get a success fee if they secure personal injury compensation for your injuries, which is capped at 25% of your settlement.
You will also have After the Event (ATE) insurance included in your service, which covers all the costs and disbursements incurred during litigation if your claim is unsuccessful. These include medical reports, court fees, expert witness fees and the defendant’s solicitors.
To find out if you are eligible for a no win no fee claims service, call 0800 470 0474 today or request a call back to receive a free case assessment.