Train Accident Claims: A Guide to Compensation

Thousands of people use public transport every day, and although train travel is one of the safest methods of transport, there is still the risk of sustaining an injury or illness whilst travelling by train, or whilst on the platform . Train accident claims can be made when someone is injured on a train as the result of an accident which was not their fault. If you have suffered a train accident or injury, contact Beacon Law to find out if you could be entitled to make a claim.

Common Types of Train Accidents

There are many different types accidents which may happen on trains, at train stations or on platforms. Some of the most common causes of train accident claims we have dealt with include:

• Train crashes and collisions with other trains.
• Slips, trips and falls on trains, in train station or on platforms.
• Passengers being struck by falling objects, such as luggage.
• Slips, trips and falls caused by wet floors, spillages, or rubbish left on the floor of the bus
• Pedestrians being hit by trains whilst crossing tracks or at level crossings.
• Train users sustaining injuries as the result of them getting caught in doors closing too early.
• Train users tripping or falling when entering or exiting the train.
• Injuries caused by defects in seats and defective equipment on the train.
• Illness or injuries caused by food and drink being served on the train. Common accidents can include, burn injuries due to a hot drink being spilt, food poisoning and food allergies.

Common Causes of Train Accidents

The train company and train drivers have a duty of care to their passengers. This means that they should take reasonable steps to ensure that all passengers are safe whilst travelling on the train. The most common causes of train accidents and subsequent train accident claims include:

• Negligence of the train driver. This can include a driver being distracted, talking on a phone, under the influence of alcohol or drugs, or simply poor concentration of the driver.
• The train companies failure to complete regular checks to ensure that the train is safe a free from defects.
• Poor housekeeping due to the negligence of the train and train station staff.
• Poor or inadequate training of staff on the train.
• Defects on the train tracks or at level crossings.

Who Are Train Accident Claims Made Against?

In order to successfully claim compensation for a train accident claim, you must be able to prove that someone has been negligent and that their negligence has caused your accident and subsequent injuries.

In the vast majority of cases, claims for train accident compensation will be brought against the train company as they will have a duty of care to ensure that train users are safe whilst travelling. If the train company can prove that they had taken all reasonable steps to prevent your accident, you claim may be unsuccessful, even if you have sustained injuries.

There will, however, be some cases where the train company had no control over the accident, and therefore, the claim will have to be brought against someone else.

I Have Been Injured in a Train Accident, What Should I Do?

If you have been injured in an accident on a train or at a train station or platform, you should report the incident to the train driver or member of staff, and make a further report to the company. You should ensure that you make a note of the time of your accident, the train route, and obtain the train number.

It may also be useful if you could obtain the name of the train driver, and details of any witnesses to your accident. If you were able to take photographs at the scene of the accident, these would be useful as evidence of your accident.

As with all accidents, you should seek medical attention to have your injuries assessed and treated as soon as possible. If you have not received medical attention, we may be unable to prove that you were injured as a result of the accident. Photographs of your injuries may also assist your claim.

If you would like find out more about train accident claims or if you would like to discuss making a claim, contact Beacon Law to speak to one of our specialist personal injury solicitors. We offer our claims on a no win, no fee agreement. This means that you will not be required to pay any legal fees if your claim is unsuccessful. Details on the claims process can also be found on our website.

If you are unsure as to whether you should make a claim for a train accident, have a read of our recent article.

There is a three-year time limit on making a personal injury claim (although this can be extended in certain circumstances), so it is best to initiate the claim soon after the date of the bus accident. When you are ready to speak to someone about making a bus accident compensation claim, get in touch with Beacon Law using the contact details below, or by filling in the form on our “contact us” page.

How Much Compensation Will I Receive?

We are unable to make a valuation on your injuries from the beginning of the claim. Your compensation award will be split into general damages for your injuries and special damages for any additional losses.

The level of general damages you receive will be based on the extent of your injuries, to include your pain, suffering and loss of amenity. The valuation of your general damages will be based on the type and severity of the injury sustained. Personal Injury compensation can be anything from £1,000 to £100,000 (or more) depending on the seriousness of the injuries. It is therefore very difficult to assess the level of damages you may be entitled to without first assessing your injuries and your case in detail.

You may be required to attend an appointment with an independent medical expert who will assess your injuries and provide a detailed report on the severity of your injuries and any further treatment which may be required.

You will also be able to make a claim for special damages which covers any additional losses you sustained as a result of the accident. These can include:

• Loss of earnings for any time taken off work as a result of the sustained injuries.
• Medical treatment costs.
• Travel costs for journeys to and from appointments.
• Compensation for additional care and assistance required as a result of your injures – either paid or unpaid.

Beacon Law are specialist personal injury Solicitors who will fight to ensure that you obtain maximum compensation for your injuries.

How Long Will the Claims Process Last?

The amount of time taken to settle train accident claims varies greatly depending on the case itself and the complexities of the case. The majority of claims can last anywhere for six months to 2-3 years to settle. Less complex claims, with less serious injuries, usually take less time to settle.

We can request interim payments from the Defendant throughout the progress of the case as long as they have admitted liability for your accident and injuries. These are paid in advance of your settlement figure or the final amount which will be agreed. They are usually smaller payments and can be paid to cover the costs of your needs, such as rehabilitation costs.

When a final amount is agreed between the parties, the interim payment which you have received throughout your case will be deducted from the final amount you receive.

How can Beacon Law Assist with your Train Accident Claims?

Beacon Law is a Manchester law firm with a great reputation for providing exceptional service to all clients. Our specialist solicitors and legal professionals have vast experience in handling all types of personal injury and road traffic accident claims. We have experience in dealing with train accident compensation claims and RTA and occupiers liability claims. We also provide assistance to claimants who have been involved in an accident at work and for victims of medical negligence.

We are authorised and regulated by the Solicitors Regulation Authority and can provide you with the legal advice you require as your personal injury lawyer. We will provide assistance throughout your case and act only within your instructions in progressing the matter.

If you require our assistance or wish to discuss your case, please complete the online contact form on our website, and a specialist Solicitor will contact you. Alternatively, you may call us on 0330 1332 857 to discuss your potential case.

We are not a claims management company; this means that Beacon Law Solicitors will deal with all claims directly.