Home > Accident Types > Other Accidents, Ilnesses and Injuries > Rail Accident Claims

 

Rail Accident Compensation

If you or someone in your family has suffered a personal injury as the result of a rail accident, you may be entitled to claim compensation. Our specialist personal injury lawyers have extensive experience in recovering damages for those injured on trains and railways and can provide you with expert guidance.

Contact us on 0800 0328511, or by completing a claim enquiry form online, for cost free, confidential advice.

Rail Accidents
Train Passenger Injuries
Train Drivers and Railway Employees
Disasters – Large Scale Rail Accidents
Accidents at Train Stations
Making a Personal Injury Claim
Rail Accident Compensation
Our Injury Lawyers
Useful Links

Rail Accidents

Travelling by train is recognised as one of the safest forms of transport in the UK. Unfortunately, however, accidents do occasionally occur, some of which are due to negligence and could have been prevented.

There are various types of train accident, including:

• Derailments
• Collisions with other trains
• Collisions with other types of vehicle on a level crossing
• Collisions with an object or person on the tracks

Such accidents can occur for various reasons, including signal failure, signal errors, driver error, damaged or badly maintained tracks, severe weather conditions and vandalism.

If you are injured in a train crash and someone else was to blame, for example a rail company or one of their employees or contractors, you should seek independent legal advice from a specialist lawyer at the earliest opportunity.

[Back to Top]

Train Passenger Injuries

If you are a passenger on a train which is involved in an accident, you may suffer injuries as a result. Common injuries from rail accidents include head injuries, crush injuries, fractures, lacerations from broken glass and burns. Dependent upon the severity of the accident there may even be serious injuries or fatalities.

It is not only train crashes that can cause injury to rail passengers however. If there is some form of defect present in a carriage, (damaged flooring, broken seating or a sharp protruding object, for example), this could also cause an injury.

As with any other accident in a public place, if the facilities provided on public transport are unsafe and you are harmed as a result, you may be entitled to make a claim for compensation.

[Back to Top]

Train Drivers and Railway Employees

In any accident at work where you suffer a personal injury due to negligence or a breach of duty on the part of your employer, you should be entitled to claim compensation.

Train drivers and other railway workers, for example track workers, station employees and signal workers, should be protected from harm as far as possible by their employer. Measures that can be taken include providing sufficient training, the use of personal protective equipment, adequate health and safety procedures, protection from excessive noise and vibration and the provision of a safe and suitable working environment and equipment.

If you are injured in a workplace accident as a rail employee, you should ensure that the incident is reported to your employer. Not only will this ensure that they have a record of what happened, but they may be able to take action to prevent similar accidents occurring in the future.

Rail industry workers can also be vulnerable to developing industrial diseases if they have not been protected from hazardous substances, such as asbestos, which may be present. At The Legal Line, we can provide expert assistance with industrial disease claims for those affected and their families.

[Back to Top]

Disasters – Large Scale Rail Accidents

Thankfully, large scale rail disasters are very rare. If you are unfortunate enough to be involved in a serious train crash however, it will often be a very traumatic experience and you could be left with serious or permanent physical and psychological injuries.

You will want to ensure that any claim for compensation is dealt with by a sympathetic and highly experienced solicitor, such as those provided by The Legal Line. Our lawyers have represented the victims of many multi-party accidents and major public disasters in the past, including the Clapham and Paddington rail crashes.

[Back to Top]

Accidents at Train Stations

All stations should be kept clean, in good repair and free of hazards to patrons as far as is reasonably possible. If the facilities are not correctly maintained and checked and someone is injured at a train station in an accident that could have been prevented, this may provide grounds for a claim.

Amongst the most common types of accident in train stations are slips, trips and falls. These can occur due to badly maintained platforms and stairs, ice or snow, litter left lying on the ground and spillages or leaks.

[Back to Top]

Making a Personal Injury Claim

If you suffer an injury whilst on board a train or at a station, you should always ensure that it is reported to a member of staff, so that they have a record of the incident. It is also important to seek prompt medical attention, both to make sure that you receive any treatment you require and also to have your injuries recorded in case you decide to make a claim.

If you believe that you may be entitled to compensation you should seek specialist legal advice as soon as possible. Your solicitor can assist you through every stage of the process and ensure that your case is brought to the best possible conclusion.

Your claim will be made against the responsible party (i.e. the person or company that caused your injury). Most often the claim is put forward to their insurance company, who will negotiate with your solicitor to come to a satisfactory settlement of compensation. In some cases, if liability is denied or both parties cannot agree on a suitable amount of damages, it may be necessary to pursue the case via court proceedings. This will only be undertaken if your solicitor feels that the case has good prospects of success.

In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

[Back to Top]

Rail Accident Compensation

If your rail accident claim is successful, and our solicitors will work hard to ensure that this is the case, you will be entitled to two elements of a compensation award.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (for example an inability to drive, look after your garden, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the rail accident so that these can be reclaimed.

In serious cases, you may no longer be able to continue in your employment. This can be taken into account when damages are calculated. Costs for care, equipment, transport and housing modifications can also affect the calculations. If you are still able to work but not in the same role as before an extra amount may be awarded for loss of ‘congenial employment’, particularly if you held a public service role such as a doctor or police officer. A court can also make a financial award to recognise that your prospects on the open labour market may be limited.

[Back to Top]

Our Injury Lawyers

Our expert solicitors have a wealth of experience in recovering compensation for the victims of accidents and always aim to secure the maximum amount for our clients in the shortest time possible.

You can read accounts of previous rail accidents by following the links below, or visiting our news and success stories sections:

£10,000 Damages for Slipping Accident at Train Station
Walking on Ballast Causes Train Driver’s Back Injury at Work
Personal Injury Claim for Accident Caused by Pigeon Droppings

[Back to Top]

Useful Links

If you were involved in a rail accident, the following sites may be useful to you:

www.raib.gov.uk - Rail Accident Investigation Branch
www.btp.police.uk - British Transport Police
www.dft.gov.uk - Department for Transport: Railways
www.aslef.org.uk - ASLEF, the trade union for train drivers and operators
www.rmt.org.uk - RMT, a trade union for rail, maritime and transport workers

[Back to Top]