According to the Office of Rail and Road, passenger journeys on Great Britain’s railway network continued to increase and reached over 1.4 billion on the mainline. In the latest year, 9,839 worker and passenger injuries occurred on this network. On the London Underground, there were 4,572 worker and non-worker injuries in the latest year.
This guide will examine who could make a train accident claim after being injured while on a train journey. We will also discuss the role of evidence and how proving someone else’s negligence is pivotal to winning your case. Continue through the guide to learn about the two heads of loss that could contribute to your train accident compensation payout.
This guide answers many relevant questions, including why people choose to work with our panel’s personal injury solicitors on a No Win No Fee basis.
Our helpful advisors can expand on the information you’ll read in this guide. They can also evaluate your chances of being able to claim compensation as part of our free help service.
You can call 0800 408 7825 or contact us online at any time of day for quick and effective support.
Jump To A Section
- Can I Make A Train Accident Claim?
- What Are The Most Common Accidents That Can Lead To Train Injury Compensation?
- What Evidence Could Help Me Claim For Train Accidents?
- How Much Train Accident Compensation Could I Receive?
- How Do I Make A Train Accident Claim On A No Win No Fee Basis?
- More Resources About Making A Public Liability Claim
- FAQs For Train Accident Claims
Can I Make A Train Accident Claim?
Accidents at a train station or on a train can happen for many different reasons, and not all of them are grounds for compensation claims. The key to having a valid train accident claim is proving that a third party breached a legal duty of care that they owed you.
For example, station and train operators owe visitors a duty of care under the Occupiers’ Liability Act 1957 (OLA). This duty requires them to take all steps that will keep you reasonably safe while on the premises.
Therefore, you could make a public liability claim against the operator if:
- They owed you a duty of care under the OLA.
- They breached that duty by not doing everything they could to keep you reasonably safe.
- This led to a train station accident where you suffered physical and/or mental harm.
Who Is Liable For A Train Accident?
While the eligibility criteria for a personal injury claim remains the same in any case, the nature of the duty of care and the legislation involved differs. Depending where the accident happened, your case could be made against:
- A train company.
- Train manufacturers.
- The owner of a business that operates in the station.
- Train station operator or owner
Whoever your rail accident claim is against, a personal injury solicitor could help you if you have a valid case. You can find out about your eligibility and how to claim by calling the number above today for a free consultation.
What Are The Most Common Accidents That Can Lead To Train Injury Compensation?
To further highlight how different parties could be responsible for rail or train station accidents, we have created these example scenarios:
- A station operator failed to instruct employees to clean up or cordon off a spillage on the platform despite being made aware of it. A passenger slips, trips and falls on the wet platform as a result.
- Because a train driver is looking at their phone and not paying attention, the train is going too fast as it approaches a station. This causes a train crash where a cab derails and a passenger suffers a serious injury.
- A cafe in the train station has failed to repair a broken chair or remove it from the floor. A passenger enters the cafe and sits on the defective chair, only to fall to the ground and suffer a back injury.
What Injuries Can Be Caused By A Train Accident?
Your train injury claim could allow you to seek compensation for one or more forms of harm. Common injuries associated with train accidents include:
- Fractures or breaks, such as a broken wrist or ankle.
- Lacerations and scarring.
- Crush injuries. The worst cases could even lead to amputation of an affected limb.
- A head injury or brain damage.
- Spinal injuries, including those that cause temporary or permanent disability.
These injuries can have a serious and immediate impact on your life, so you may wish to have expert legal support to help you through the claims process. By calling today, you can learn if you have a valid claim that a solicitor from our panel could take on and help you get the best possible settlement.
What Evidence Could Help Me Claim For Train Accidents?
As well as having an expert solicitor on board, another factor that can help your train accident claim’s chances of success is relevant evidence. The more you have to prove someone’s negligence, the better your chances of securing train injury compensation.
Proof that can support train accident claims includes:
- CCTV footage of the incident. Many train stations and trains have CCTV cameras.
- Photos of the accident scene and any visible injuries sustained.
- Contact details for any potential witnesses.
- A copy of the accident reports forms filled out by the station or train operator.
- Records showing the medical treatment you received for any injury sustained in the accident. You can request a copy of your medical records from your healthcare provider.
If instructed, a solicitor from our panel can help you gather evidence and could arrange any required statement or medical assessment during the claim.
Our advisors can give plenty of information about the support a public accident claim solicitor can provide. Just call the number above to learn more.
How Much Train Accident Compensation Could I Receive?
The help of an experienced solicitor could lead to you receiving compensation for the effects of your train accident. Payouts for train injury claims can be split into up to two parts, known as heads of loss. These are:
- Special damages. This head of loss considers financial losses resulting from injuries, including medical costs, travel expenses or a loss of earnings.
- General damages, which cover physical injuries and psychological harm inflicted as a result of the accident.
It is worth keeping any documents or receipts you can to prove financial losses. Special damages compensation can account for both short-term costs and long-term effects on your finances, so this proof could be worth a significant amount.
Those working out how much compensation you are offered under the general damages head of loss could take guidance from a document called the Judicial College Guidelines (JCG). It contains suggested compensation figures for various injuries, some of which you can see in the table below.
Guideline Table
This table is only intended as a guide. Additionally, the top entry is not from the JCG.
| INJURY | SEVERITY | COMPENSATION |
|---|---|---|
| Multiple Serious Injuries With Expenses or Financial Loss | Severe | Up to £500,000+ |
| Head | Moderately Severe | £267,340 to £344,150 |
| Less Severe | £18,700 to £52,550 | |
| Leg | Severe Leg Injuries (i) | £117,460 to £165,860 |
| Neck | Severe (ii) | £80,240 to £159,770 |
| Knee | Severe (i) | £85,100 to £117,410 |
| Arm | Less Severe Injury | £23,430 to £47,810 |
| Back | Moderate (i) | £33,880 to £47,320 |
| Ankle | Moderate | £16,770 to £32,450 |
| Shoulder | Serious | £15,580 to £23,430 |
How Do I Make A Train Accident Claim On A No Win No Fee Basis?
Our panel’s solicitors have years of collective experience in handling personal injury claims. If you have a valid compensation claim for a rail accident, you could benefit from their No Win No Fee service.
The Conditional Fee Agreement offered by the solicitors on our panel entitles you to:
- Throughout the claims process, there are no upfront or running solicitor fees.
- No legal fees at all if the claim fails.
- A small percentage of your compensation, legally capped due to The Conditional Fee Agreements Order 2013, is only taken by the solicitor if the train accident claim succeeds.
Whether you feel you have a train accident compensation case or simply want to learn more about how rail accident claims work, you can reach us at any time for free and effective guidance. Either:
- Call 08004087825, or;
- Contact us online.
More Resources About Making A Public Liability Claim
Here are some further public liability claim guides:
- How fatal accident solicitors could help in the event of a fatal train accident.
- A guide to public bus accident claims.
- We discuss public transport accidents generally and how a solicitor can help you claim compensation.
These resources are also a good source of information:
- The ORR explains which rail incidents must be officially reported by station or train operators.
- GOV.UK information on the Rail Accident Investigation Branch, an independent body that investigates train crashes and accidents at railway stations.
- NHS information on when to call 999 for urgent help.
FAQs For Train Accident Claims
We’re happy to answer all of your questions about rail accident claims. Here are two we receive regularly from interested claimants.
Is There A Time Limit To Claim Train Accident Compensation?
A limitation period is set out by The Limitation Act 1980. The general time limit for starting personal injury claims is three years from the accident date. Some cases may call for an exception to this limitation period, such as if you were a minor when the train station accident happened.
Will My Train Accident Claim Go To Court?
If you’re worried that it will take too long to claim train injury compensation, it may reassure you to know that most claims are resolved before court proceedings are needed. One of the benefits of having a solicitor on your side is their understanding of how to resolve a claim positively and in the best possible time.
If you have any further train accident claim questions or want a case assessment, you can call our free helpline right now.
