Train and rail accident claims

Who can make a train accident compensation claim?

Trains are one of the fastest and most efficient ways to get around the UK, as well as being one of the safest ways to travel. However, if the worst happens and you’re involved in a railway accident, you might be due some compensation.

In cases like this, evidence must be provided that proves the party at fault in your train-related injury was negligent towards their duty over your health and safety. If that’s the case, get in touch with us today and we’ll get you on the right track towards justice.

Common types of train injury

Train and rail incidents can lead to a host of injuries. While we can’t list every possible injury, here are some of the most common ones:

• Slips, trips and falls.

• Trapping and crushing.

• Amputations.

• Electrocution.

• Burns and scalds.

These accidents can affect different parts of the body, and you can claim compensation for all types of injuries, including:

• Head injury claims.
• Brain injury claims.
• Eye injury claims.
• Neck injury claims.

Have you suffered any of these injuries as a result of an accident on a train? If you think they might be down to negligence of your safety, get in touch and we’ll help you to secure the compensation you deserve.

Most common types of train and rail accidents

Once you’re on a train, your chance of injury is much lower than when in a car or other public transport. However, in the rare instance that an accident does happen, here’s what to look out for, especially on a busy station platform or when getting on and off the train:

• Slips, trips and falls: These can happen anywhere, but when boarding or waiting for a train, they can become deadly.
• Trapping and crushing: Faulty doors or unsecured luggage falling can cause trapped limbs or even crushing.
• Amputations: When limbs are trapped, in the worst case, this can lead to amputation, a life altering condition.
• Electrocution: Faulty lifts, escalators or exposed live metal without proper signage can cause anywhere from small shocks to fatal electrocutions.
• Burns and scalds: Often caused by spilled food and drink or broken radiators onboard.

Who is liable for a train accident claim?

It really depends on what happened on the day of the incident. Most claims would be made against the offending train company because they have a duty of care to ensure their customers are safe and healthy. However, sometimes the fault of the matter can lie at the feet of the train manufacturer, a negligent driver or conductor, or even another civilian or outside party.

When handling your case, we use the Health and Safety at Work etc. Act 1974 and the Occupiers’ Liability Act 1957 to determine whether or not the persons responsible for the incident have been negligent. We’ll also need to examine evidence from the scene.

What evidence do I need to support my train accident compensation claims?

When approaching a train or rail injury compensation claim, the more evidence you bring to us, the stronger your chances of a successful claim. Gathering comprehensive evidence is vital in building a solid and convincing case against the railway or individuals responsible for your injury. Here are some key pieces of evidence to collect before starting a claim:

• Accident report: Ensure the incident is recorded in the train or station’s accident report book, if possible. Secure a copy of this report, which should detail the time, date, and circumstances of the incident.
• Photographic evidence: Document the scene of the accident with clear photos, highlighting any contributing hazards like slippery surfaces or defective equipment. Also, take photographs of your injuries to record their extent and severity.
• Medical records: Gather all pertinent medical documents, such as doctor’s notes, X-rays, and other relevant reports. These documents are essential to your case.
• CCTV footage: If available, request CCTV footage of the accident. This footage can provide a clear and objective view of the events as they unfolded.
• Witness statements: Ask for contact information from witnesses and collect their accounts of the incident. Witness statements can significantly assist in your claim.
• Financial records: Keep records of all costs related to your injury, including medical expenses, travel expenses for medical appointments and lost wages. Use receipts, invoices and bank statements to back this up.
• Personal diary: Maintain a diary detailing the impact of the injury on your daily activities, such as work absences, missed family events, and any ongoing pain or limitations.

If you need help in gathering or collating evidence to make a claim, our experienced personal injury solicitors are here to guide you through the process.

How much compensation can I receive for my train accident claim?

The level of compensation you may receive for your train or rail injury will be up to Judicial College Guidelines, which consider the injured body part and the injury’s severity, including recovery time. To find out what you could be owed in general damages, use our trusty compensation calculator. To determine special damages — the more esoteric compensation you should expect to receive, which includes loss of income, travel costs etc — talk to our experts.