Can I Make A Train Passenger Accident Claim?

Welcome to our guide on how to make train passenger accident claims. If you’ve suffered an illness or injury as a train passenger due to the train company breaching their duty of care and failing to provide a safe service you could be eligible to make a train passenger compensation claim.

Whether you were struck by suitcases falling from a poorly maintained luggage rack or slipped on an unattended spillage without a hazard sign, this guide can help.

Train passenger accident claim

Train passenger accident claim

To have your passenger train accident which leads to an injury assessed today for free call our Advice claims team. You can see whether you could have a valid claim and can even be connected to our panel of No Win No Fee personal injury lawyers.

To get in touch, simply select one of the following contact options:

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  1. A Guide On Making A Train Accident Compensation Claim
  2. Calculating Train Accident Compensation Claims
  3. Types Of Damages
  4. What Are Train Passenger Accidents?
  5. What Are Train Operating Companies?
  6. Do Rail Operators Owe Staff And Passengers A Duty Of Care?
  7. What Are Your Rights As A Train Passenger?
  8. Hazards Of Travelling By Train
  9. Train Passenger Accidents –  Slips, Trips And Falls
  10. Scalds And Burns On A Train
  11. Make A No Win No Fee Train Passenger Accident Claim
  12. Contact Us
  13. Related Guides
  14. Rail Accident Statistics And Safety Data
  15. FAQs People Ask About Train Passenger Accident Claims

A Guide On Making A Train Accident Compensation Claim

There are many ways that you could suffer an injury or illness as a train passenger. Today, trains can move faster than ever, connecting the country at high speeds. Whilst we may enjoy this convenience, it could have disastrous consequences if things go wrong. For example, a train could become derailed if the operator fails to slow down through track curves. Similarly, higher speeds mean longer braking times, which could see collisions occur.

Circumstances of the accident play a key role in determining whether it was avoidable. If through investigation it is concluded that your suffering was preventable a compensation claim may be possible. In this guide, we’ll explore a variety of situations that could result in a train passenger accident. We will also explain how to establish whether you have a claim. To illustrate, we’ll provide relevant legislation to establish the third parties that owe you a duty of care. A breach of duty could make a third party liable and responsible for your suffering.

Furthermore, we’ll discuss how to determine how much compensation you could be entitled to and what types of damage you could claim for. We’ll then explain how a personal injury lawyer could help you get the maximum payout. And explore the benefits of a No Win No Fee agreement.

Alternatively, you can get in touch now for a free consultation regarding your case. This way, you can hear first-hand from our specialist advisors whether you could have a claim and could be connected to our panel of personal injury lawyers if you’d like legal help.

Calculating Train Accident Compensation Claims

If your claim for a train passenger accident was successful two types of damages could be calculated. In addition to any pain and suffering you may have experienced, you may also be faced with unexpected financial losses in the wake of your injury.

As part of a personal injury claim, you could recover any injury-related costs if you can evidence them. We’ll go into this in more detail in the next section, where we’ll discuss the different types of damage you could claim for. In this section, however, we’ll look at the compensation you could claim for your physical and psychological suffering known as general damages.

The Judicial College Guidelines is a publication outlining a range of compensation brackets that can be used as guidance when valuing personal injuries. The figures consider factors including the extent of your pain, the length of your recovery period, any future suffering it’ll cause and how your quality of life may be impacted.

As every case is unique, these repercussions are difficult to gauge accurately as they can differ from person to person. However, to illustrate how much certain injuries could be awarded, we’ve included some examples of compensation brackets from these guidelines below:

Edit
Type of injury Guideline Compensation Amount
Very Severe Brain Damage £264,650 to £379,100
Less Severe Brain Damage £14,380 to £40,410
Traumatic Chest Injury £61,710 to £94,470
Severe Neck Injury (i) In the region of
£139,210
Moderate Neck injury (i) £23,460 to £36,120
Moderate Back Injury (i) £26,050 to £36,390
Severe Shoulder Injury £18,020 to £45,070
Fracture of the Clavicle £4,830 to £11,490
Simple Forearm Fractures £6,190 to £18,020
Moderate Toe Injuries Up to £9,010

In order to prove any injuries or illnesses that you’d like to claim compensation for, you’ll need to undergo a medical assessment with an independent expert. They’ll be able to create a report that can be used to build your case. To learn about other types of damage that you could include in your personal injury claim, please read on.

Types Of Damages

As previously mentioned, you could claim compensation for your pain and suffering, both physically and psychologically. As part of a personal injury claim, there are usually two heads of damage and this head is known as general damages.

The second head of damage is known as special damages, which accounts for any financial losses related to your injury or illness. For example, after being involved in a train passenger accident, you could be faced with medical expenses for any treatment not covered by the NHS. In addition, you may have had to take time off work, resulting in a loss of earnings.

If you can evidence these financial losses or out of pocket spends, you could be able to recover them as part of your claim. This can be done by retaining receipts, bank statements and the like.

Some other examples of costs that could be reimbursed as special damages include:

  • Domestic help, such as the cost of a cleaner
  • Care costs, whether from a professional or a loved one
  • Adaptation to your home, such as the installation of a stairlift

By speaking to one of our specialist advisors today, they could help calculate how much compensation you could be entitled to. This could include costs for things that you may not expect, to ensure that you are fully compensated for any financial losses.

What Are Train Passenger Accidents?

There are many ways that a train passenger accident can happen. In some cases, the passenger themselves can be responsible. However, in other cases, failings of the operators of the train can result in passenger injury or illness. If you find yourself in this situation, you could have grounds to make a personal injury claim against those responsible for your suffering.

Did the operator fail to slow down on a bend causing the train to derail? Did poor maintenance result in a faulty power socket electrocuting you? Every case is unique but whatever your situation, please speak to one of our advisors for a free consultation on whether you could claim.

In April 2021, 50 people were killed with dozens more injured when a high-speed train derailed in Taiwan. This is just one example of how train passenger accidents could happen through no fault of the passengers.

Source [https://www.bbc.co.uk/news/world-asia-56612248]

What Are Train Operating Companies?

Between 1994 and 1997, British Rail was privatised, moving from government ownership and operation into private hands. Since then, companies have become independently responsible for the quality of rail service provided in Britain. As a result, standards can differ dramatically from company to company.

Rail Regulatory Law outlines primary and secondary legislation. The Office of Rail and Road (ORR) provides an overview of these safety requirements, of which any breach could leave a company liable for any subsequent damage. In addition, The ORR can monitor their performance and take enforcement action needed to improve service and performance.

To learn more about these duties of care, please continue reading.

Do Rail Operators Owe Staff And Passengers A Duty Of Care?

Whether you’re a train driver, cleaner or customer service assistant, your employer owes you a duty of care while at work. If you’re injured in an accident that your employer’s negligence was responsible for, you could have grounds to make a personal injury claim against them. This is because under the Health and Safety at Work etc. Act 1974, your employer has to provide a safe as practically as possible workplace.

As a passenger on a train, you’re also owed a duty of care by its operators. Under the Occupiers Liability Act 1957. Those in control of public space, whether that’s a train station or a train itself, owe any users of that space a duty of care. As part of this duty, they must do as much as they reasonably can to ensure safety on their premises.

If those with a legal duty of care fail to uphold it, they could be held liable for any damages that result from their breach. For example, you may have been struck by suitcases falling from a poorly maintained luggage rack. Similarly, you may have slipped on an unattended spillage without a hazard sign.

Please read on to learn more about your rights as a passenger on a train.

What Are Your Rights As A Train Passenger?

Whether you take the train to commute every day or you’re embarking upon your first journey on board, you have rights as a passenger.

In regards to these rights, the law protects consumers when they buy goods or services. This covers being treated unfairly, such as receiving poor service.

If you are caused harm or injury because those who have a responsibility towards your health and safety failed leading to an accident that caused suffering you may have the right to make a personal injury claim.

For some examples of how this duty of care could be breached resulting in your suffering, please read on.

Hazards Of Travelling By Train

There are many hazards that could arise for train passengers at various points of their journey. From boarding the train to disembarking at your destination, you could be involved in an accident through no fault of your own. Some examples of hazards could include:

  • Limbs becoming trapped in faulty automatic doors closing unexpectedly
  • Slipping on an icy platform that hasn’t been gritted
  • Being electrocuted by faulty plug sockets that haven’t been fixed
  • Signal failures resulting in train collisions
  • Derailment as a result of operators approaching track curves at high speeds
  • Poor track maintenance resulting in an accident

Train Passenger Accidents – Slips, Trips And Falls

In addition to the duty of care that train owners owe us, we too have a duty to act in a manner that would be expected of us as a user of a public place. Under section 2 of the Occupiers’ Liability Act 1957, this is described as demonstrating an appreciation and guard for any special risks or hazards that may arise.

For example, if it’s an icy day, running on a platform may not be wise. However, those in control of the platform will also have a duty to grit the surface to avoid any accidents from happening. Failure to do so could result in them being held liable for a passenger, member of the public or staff member injuring themselves.

Scalds And Burns On A Train

Train journeys can be bumpy. Especially in bad weather or travelling at high speeds. There is movement in trains because there is debris on the rail or the rails themselves are not smooth.

Many rail network providers offer refreshments to passengers on long train journeys. A hot drink should always be handed to you with care as it can cause scalds and burns.

If a member of the trains staff spills a hot drink on you this may be grounds for a personal injury case if you suffer burns or scald injuries as a result.

Make A No Win No Fee Train Passenger Accident Claim

Though there’s no legal requirement to have a solicitor in order to make a claim, the benefits are clear. A solicitor could not only handle your claim on your behalf but could also increase its chances of success.

Unfortunately, many people can be put off getting legal help by the idea of solicitor’s fees. However, did you know that as part of a No Win No Fee agreement, you don’t have to pay your solicitor’s fees unless they win your claim?

There are many other benefits to getting legal help on a No Win No Fee basis, including:

  • No upfront fees upon signing your agreement
  • No running fees while your claim progresses

If your claim is successful, however, you’ll pay your solicitor a success fee for their services. This will be a small percentage of your final settlement and is legally capped to ensure that you still walk away with the payout that you deserve. Therefore, there’s no need to worry about any last-minute surprises.

To learn more about this service offered by our panel of personal injury lawyers, please see the next section or speak to one of our advisors today.

Contact Us

Call our team today. They are standing by waiting to advise you through a free consultation. If you have questions that need answering now is the time to call. Our advisors are available 24 hours a day and 7 days a week.

To get in touch, simply select one of the following contact options:

Train passenger accidents – Related Guides

To finish, here are some further resources that could be of use:

Rail Accident Statistics And Safety Data

Between 2019 and 2020, some recent statistics from the Office of Rail and Road (ORR) included:

  • 7 mainline passenger fatalities
  • 5 London Underground passenger fatalities
  • 4 work-related fatalities
  • 534 train accidents
  • 25 potentially high-risk accidents, including 5 train collisions and 10 derailments

FAQs People Ask About Train Passenger Accident Claims

Can you sue a train company?

If you can prove that you suffered as a result of a train company’s failure to uphold their duty of care, you could have grounds to sue.

Could I act as a litigation friend to a child?

If a child under 18 has grounds to seek compensation but they’re not yet of legal age to claim, you could do so on their behalf by acting as a litigation friend.

How long do I have to claim for train passenger accidents?

Most personal injury claims have to be started within 3 years.

How bad can injuries be from a train crash?

Depending on the severity of the accident, resulting injuries from a train crash can range from minor to fatal.

Thank you for reading our train passenger accident claims guide. 

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Published by RN