This page contains a guide about claims for an accident at a train station that was not your fault. We will look at some of the causes of such accidents, and which entity could be liable for damages if they were responsible for the hazard causing it. As you will go through the guide you will find many answers to your questions. We also examine how compensation is calculated so that you are never left out of pocket.
Your claim will be based on its own unique situation. In both why you are making it, and the harm and loss you are claiming for. What this means, is that we cannot possibly answer every single question you could have. Because they could be unique to your claim. In order to get you the answers that you need, we have made out claims team available on 0161 696 9685. Give them a call to get free legal advice.
Select A Section:
- A Guide On Claiming For An Accident At A Train Station
- Accident At A Train Station Compensation Calculator
- Special Damages For Injuries
- What Is An Accident At A Train Station?
- Train Station Operator’s Duty Of Care
- Proving Negligence For An Injury At A Train Station
- Slipped On A Train Station Platform
- Lift, Escalator And Staircase Accidents At A Train Station
- Employee Accidents At A Train Station
- Public Accidents At A Train Station
- Make A No Win No Fee Claim For An Accident At A Train Station
- Contact Us
- Related Guides
- Train Station Accident Statistics
A Guide On Claiming For An Accident At A Train Station
By reading this guide, you will be equipping yourself with the basic knowledge you need about making a personal injury claim, to understand what a lawyer is doing for you and why. If you have been injured in an accident at a train station that wasn’t your fault, you may be in a position to make a compensation claim. This guide explains why, and also how to proceed with a claim. So, if for example, you slipped on a train station platform due to ice where no gritting had taken place, this guide is for you.
The guide starts with an example compensation table and a list of some of the common types of damages that you may need to claim for. We then move on to look at what a train station accident is, and how the operator of the station has a duty of care to keep you safe while using it. A brief discussion of the concept of liability can be found as well.
We then move on to look at some of the ways that you could be injured at a train station. Such as slipping, tripping or falling, or an accident on a staircase, lift or escalator. Workplace accident claims are briefly covered, what duty of care employers must provide employees.
The last part of this guide discusses how many claimants opt for a No Win No Fee solicitor. And moves on to provide you with our contact information, and gives you some useful links and an FAQ section.
Need More Advice?
You might not feel comfortable reading advice on a website and acting on it. We understand this. Our claims team is available to provide you with all of the free legal advice you might need. You can use to contact details at the end of the page to get in touch with them. When you do, they can also let you know which personal injury claims time limit might apply based on your own case.
Accident At A Train Station Compensation Calculator
Each compensation claim payout is based on the unique aspects of the case. Compensation is calculated on a case by case basis. Therefore providing an accurate figure before all the evidence has been gathered is not really realistic. However, you might find the table below useful. It shows compensation ranges for different injuries. The Judicial College in England produces guidelines that this table was based on.
|Ankle||Modest||Up to £12,900||In this category, modest injuries to the ankle would be included. For example, undisplaced or hairline fractures, slight sprains and strains, lacerations. The level of compensation would depend on whether there is any weakening of the ankle that could cause problems in the future.|
|Foot||Modest||Up to £12,900||In this category, modest injuries to the foot would be included. For example, simple metatarsal, undisplaced or hairline fractures, slight sprains and strains, lacerations. The level of compensation would depend on whether the foot will be left deformed at all, and whether the victim’s gait is affected.|
|Neck||Severe||£42,680 to £139,210||In this category, severe injuries to the neck would be included. Injuries such as fractures to a vertebra, spinal column damage or the spinal nerves. It is likely that there would be some long term or permanent impairment as a result of the injury.|
|Pelvis||Severe||£73,580 to £122,860||In this category, severe injuries to the pelvis would be included. For example, multiple nonunion fractures or a shattered pelvic bone. It is highly likely that the victim would be left with a long term impairment and there could be some form of permanent loss of mobility.|
|Neck||Minor||Up to £7,410||In this category, minor injuries to the neck are included. These minor symptoms would heal within 2 years|
|Back||Minor||Up to £11,730||In this category, minor injuries to the back are included. Recovery within 2-5 years without surgery.|
To receive an accurate estimate of what you could be awarded allow our claims team to assess your case. They can evaluate your eligibility to claim and then look at any evidence you have to back up your claims. Above are figures for the general damages part of a settlement. If you are awarded general damages you may also be eligible for special damages. General damages cover the pain and suffering caused by your injuries. Whereas special damages return back any expenses paid out.
Special Damages For Injuries
If you win your claim for an accident at a train station, you will receive a compensation package that consists of different forms of damages. General damages is the parent category for all damages related to pain and suffering, either physical or mental. For example:
- Disability or impairment for the long term or permanently.
- Suffering and pain at the time of the accident.
- Trauma is caused by treatment such as surgery.
- Psychological injuries such as anxiety or depression for example.
Special damages is the parent category for all of the damages paid to make up for some type of financial loss. This could be a loss you already faced or a loss that you predict in the future. For example:
- The cost of private medical care.
- Out of pocket expenses.
- Lost income (through missing work).
- Lowered lifetime earnings (due to less ability to work).
- Care costs for hiring a medical professional to take care of you in your home.
What Is An Accident At A Train Station?
The Office of Rail and Road (ORR), is an independent regulator, who is accountable to parliament but who work in a framework set out in legislation. As the name suggests, for managing rail and road transport across the country. This includes safety aspects. Also the performance of rail companies as well as the value they offer customers.
But the station operator itself has a duty of care to keep you safe, as you will learn in a later section of this guide. If an accident is caused at a train station resulting in an injury because the station operator or one of its representatives failed to provide a safe environment then you could have a valid basis for a claim.
Train Station Operator’s Duty Of Care
The operator of a train station has to comply with legislation such as the Occupiers’ Liability Act 1957, and all of the health and safety regulations that apply to the transport and logistics industries. As well as other rules and regulations that apply at the time that the train station accident took place.
These laws cover public safety, and the responsibility that the station operator has in relation to keeping members of the public as safe as can be reasonably expected. When compliance fails, this could be seen as negligence. And when this negligence results in an accident, it could become the basis of a compensation claim.
Proving Negligence For An Injury At A Train Station
The onus will be on you as the claimant to prove that negligence took place and caused your injuries. So, in order for you to be able to make a successful train station accident claim you must be able to show a breach in the duty of care owed to you. Importantly you will need to prove you suffered an injury or illness due to negligence. You can submit certain kinds of evidence to help with this. For example:
- Photographs or videos of the cause of the accident.
- The contact details of any witnesses to the accident so that they can be approached to give testimony.
- The results of a medical examination proving how your injuries were caused.
Although the law sets no requirement for a solicitor in personal injury cases they can prove their worth. Personal injury solicitors have had years of education and training in the field of law and legislation. They will know which evidence to use to ensure your case if valid has enough supporting evidence.
Handling A Denial Of Liability
If the station operator denies liability for your accident at a train station that injured you, you will need to submit evidence such as the things we listed above to prove liability.
If the defendant (station operator) continues to deny liability, the claim can be taken to court for a decision. A lawyer can help you to do this. To have your case looked at to see whether your claims are valid call or get in touch with our advisors today.
Slipped On A Train Station Platform
A trip, slip, or fall is one of the most common of all accidents that can happen at any place or at any time. There are many ways that slipping and falling can happen at a station, such as:
- A wet bathroom floor causes you to slip over.
- You trip over some cleaning materials left in an inappropriate place.
- You fall down a staircase at the railway station because of a broken step.
To prove a duty of care has been breached you must demonstrate negligence of the operator. Not all accidents will mean a compensation claim for personal injury is possible. Please call and talk to our claim advisors to learn more.
Lift, Escalator And Staircase Accidents At A Train Station
Within many large train stations, there will be lifts and escalators to help passengers move about with heavy luggage, prams and those who may use a wheelchair. Lifts, elevators and elevators can cause hazards if not installed and maintained correctly. However, others parties other than the train station operator may be liable.
Accidents that could happen on stairs, escalators and lifts include;
- An escalator stops suddenly due to a fault and you fall down.
- You become stuck in a lift and this causes you significant mental trauma.
- A broken handrail on a staircase causes you to take a tumble down the stairs.
- The emergency button on the escalator fails when your hand is trapped
Employee Accidents At A Train Station
If you work at a train station, then your employer is responsible for providing you with a safe workplace as much as can be reasonably expected. They must follow the Health and Safety At Work etc Act 1974 which applies a duty of care on employers to look after the health and wellbeing of their workforce.
When your employer fails in this legal obligation, it can lead to you being exposed to a risk of an accident. And if an accident at a train station does happen because of the negligence of your employer, you could claim for the injuries that were a result of the accident. Talk to our team to get more advice about making a workplace accident claim.
Public Accidents At A Train Station
We have already explained how a station operator has to fulfil its duty of care to provide the public with a safe environment. Whenever you enter the grounds of a station, and this includes the car park and surrounding area that falls within these boundaries, you can expect to be kept as safe as can be expected. However, we cannot always rely on others to keep us safe. We must take responsibility for our own safety and also the safety of others. Act accordingly, do not enter premises that are clearly marked as hazardous and appreciate our surroundings for what they are.
However, if you are interested in making a public liability claim or employer liability claim evidence is key. Always seek medical attention for any injury or illness. This not only helps you get the treatment you need to make a speedy recovery but also looks to document your injuries. Take images of injuries and the cause of your accident. Ask witnesses for contact details in case a statement is needed later on. And report the accident to the company.
Make A No Win No Fee Claim For An Accident At A Train Station
You may have heard about No Win No Fee solicitors. But do you really know what a No Win No Fee agreement is? We can explain it here for you.
When you engage a solicitor under a No Win No Fee type arrangement, which is another term for a Conditional Fee Agreement (CFA), you won’t need to make any upfront payment at the start of the claim. As the claim progresses, you will not be asked to pay any ongoing fees. It may take many months to process your case, and fees will not be applied during this time. And of course, if the claim fails, you won’t have to pay your solicitor any fee at all.
But if the solicitor successfully resolves your claim, then you will likely find that they will request to be paid a success fee. The amount of this fee is limited. As part of the claims process, the solicitor will have received a compensation payment for you. The success fee will be collected out of this money. Then the lawyer will pass you the remainder. Please call and talk to one of our claim advisors if you want more information about funding a solicitor under a CFA.
Use the contact information below to get in touch with them.
Telephone: 0161 696 9685
And Contact Form
You might find it is useful to take a look over some of the other guides that we have added to this site in the past.
All of these web pages have information that could well be relevant to your claim, you might want to check them out:
Train Station Accident Statistics
If we look at the ORR Data Portal, we can find some general statistics that relate to rail safety over specific periods of time. In this case, we will look at the 2019/20 data.
- During 2019-20 there were 12 passenger fatalities
- 7 Of those fatalities occurred on the mainline
- 5 Occurred on the London underground.
In this short FAQ, we are going to try and give some very simple answers to a few commonly asked questions about making a claim if you are injured in a train station.
Could I claim for a child?
If a child is injured in an accident in a train station due to the negligence of the operator, you could make a claim on their behalf as a litigation friend. Please note, that in general, any compensation won would be held in trust until the child turns 18.
Will I have to meet my solicitor?
It is entirely up to you. Due to technological advances, all communication can happen over the phone and the internet. This means you can hire a solicitor no matter where you or they are in the country. The solicitor can always travel to meet you if you wanted a face to face meeting.
Do claims have to go to court?
A claim would go to court if no resolution can be found. For example, you are offered an out of court settlement. If no resolution is found, a judge may need to make a decision on whether to award you compensation. As well as how much compensation is appropriate.
Could I get an interim payment?
In some cases, yes. If liability has been admitted by the defendant but smaller details are still being worked on you may receive an interim payment.
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