Many rely on trains for work, leisure activities and travelling for appointments. Since the use of trains is so widespread, you don’t expect your safety to be at risk. Unfortunately, health and safety laws are not always followed, leaving passengers and workers exposed to risks. When this results in injuries, those affected can turn to train accident claims to assert their right to compensation.
- Your personal injury compensation depends on your specific physical, psychological and financial impact
- If your train injuries require you to take time off work, you can add the lost income to your claim
- There are different pieces of legislation in place to protect the well-being of train passengers and workers
- You could use CCVTV footage and eye witness account from passengers to prove your case
- One of our solicitors could maximise your train accident compensation by making strong arguments for the award to reflect the specific effects you have experienced
Make an enquiry with a Legal Expert advisor today to find out whether you have a valid claim. They understand that train injuries can make life difficult, and you may never have thought about personal injury law before. Therefore, you can trust that all questions are welcome. Our advisors provide an excellent standard of customer service, so get in touch for more information.
4.8 (466 reviews) Can I Make A Claim For An Accident On A Train?
Yes, you can claim for an accident on a train if you can prove that a third party failed to meet the requirements of health and safety laws, allowing for an accident that caused you harm. In this section, we specifically outline when you can claim for a train crash, general injuries as a passenger and accidents while working for a train company.
Train Crash Compensation Claims
A train passenger can claim compensation for injuries caused in a train collision under UK law. The right to claim mainly arises from common law negligence and contract law, as train operators owe passengers a high duty of care to operate services safely and to provide transport with reasonable care and skill once a ticket has been purchased. If a collision occurs because the train was not operated or maintained safely, and a passenger is injured as a result, this can amount to a breach of that duty and give rise to a valid personal injury claim.
Injured On A Train Accident Claims
Under the Occupiers’ Liability Act 1957, those responsible for railway premises, such as train operators and station operators, owe a duty of care to lawful visitors to take reasonable steps to ensure their safety. This legislation may apply where a passenger is injured due to unsafe conditions on a train or at a station.
Can I Claim for Injuries While Boarding or Leaving a Train?
You can also make a train injury claim if you were injured when boarding or leaving a train. This is because the reasonable measures that need to be taken under OLA also apply in this situation.
Workplace Train Injury Compensation
When you are at work, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means they must take reasonable steps to ensure your safety, such as fixing equipment when faults are reported.
Additionally, under the Management of Health and Safety at Work Regulations 1999, your employer is also required to identify risks in the workplace and uphold measures that minimise or remove said risks.
It can be difficult to figure out when exactly these pieces of legislation apply, so read the next section for some helpful examples of when you can claim train accident compensation. You can also speak with our enquiries team to assess the eligibility of your case. This is a straightforward way to get the answers you need, free of charge.
What Are Some Train Accident Claims Examples?
Examples include slipping on an unmarked wet floor inside a train carriage, being injured by faulty doors or seating, or suffering harm due to poor maintenance of walkways. Not every incident that happens on a train will automatically give rise to a compensation claim. To succeed, a passenger must usually show that their injury was caused by negligence. Here are some accidents that could take place while travelling by train:
- The motion sensor on a faulty train door fails to detect that you are walking through the carriage. This means that the door closes and crushes your hand, requiring you to have it amputated.
- While moving through a train, you slip over a wet patch of floor caused by a spilled drink. There was no wet floor sign to warn you of the risk. You hit your head on the wall of a train as you fall, causing a concussion. The impact when you land also fractures a bone in your arm
- A train operator fails to take legally required measures to maintain the functioning of the train, allowing for the train to crash. This railway accident causes you to suffer from a whiplash injury for 12 months
- You are not given any warning of a large gap between the train and the platform. Therefore, when leaving the train, your leg slips between the gap and you sprain your ankle
There are countless other accidents for which you could seek train accident compensation, as it is not possible to list them. Get in touch with an advisor today to learn whether you could make a claim with one of our expert solicitors.
What Injuries Could Be Sustained After A Train Accident?
Injuries resulting from a train accident often include whiplash, fractured bones and sprains. It is also common to experience:
- Concussion and other head injuries
- Organ damage
- Lacerations
- Psychological harm
- Amputations/crushing injuries
- Burns/scalds
- Scarring
If you have suffered any of these injuries or other forms of harm that we have not covered, why not enquire with our advisors to find out if you may be entitled to compensation?
How Much Compensation Is Awarded In Train Accident Claims?
How much train accident compensation you could receive will depend on the unique physical, psychological and financial circumstances around your injuries. The first part of the compensation award to consider comes under general damages. These compensate you for the suffering and pain associated with your injuries.
In order to assess general damages, legal professionals often read the Judicial College Guidelines (JCG). This text establishes compensation guideline brackets for various injuries.
We have included some of the relevant JCG figures in the table below. When reading these, we ask that you do not view them as a guarantee of what your compensation could cover. This is because all compensation payouts are calculated to reflect the experience of the individual.
However, you may be interested in accessing a free case assessment. Our advisors perform these for free, providing you a tailored estimate of what your compensation would likely cover. This is offered with no strings attached, so why not get in touch?
Please note the first figure does not come from the JCG.
| Type and Severity of Injury | Compensation Guideline Figure | Notes |
|---|---|---|
| Multiple very severe injuries with associated financial losses | Up to £1,000,000+ | Multiple instances of harm resulting in costs such as medical bills, travel expenses and payments made to adjust the home |
| Brain- very severe | £344,150 to £493,000 | The affected party will have limited to no language function, minimal or no meaningful engagement with their environment, double incontinence and the requirement of full time nursing care |
| Hand- total or effective loss of both hands | £171,680 to £245,900 | Both hands are of little use due to extensive damage caused by a serious injury |
| Knee- severe (i) | £85,100 to £117,410 | Injuries involving disruption of the joint, gross ligamentous damage, the development of osteoarthritis which requires lengthy treatment |
| Neck- severe (ii) | £80,240 to £159,770 | Disabilities of a considerable severity typically resulting from damage to discs in the cervical spine or serious fractures |
| Arm- substantial and permanent disablement | £47,810 to £73,050 | Cosmetic or functional residual disability after serious fractures impact one or both forearms |
| Back- severe (iii) | £47,320 to £85,100 | Soft tissue injuries, disc lesions or fractures of vertebral bodies/discs resulting in chronic conditions with persistent symptoms |
| Leg- severe (iv) moderate | £33,880 to £47,840 | This generally applies to a single limb affected by severe crushing injuries with multiple or complicated fractures |
| Ankle- moderate | £16,770 to £32,450 | Ligamentous tears, fractures and similar injuries which cause issues, such as struggles when walking on uneven ground |
Can Financial Losses Be Compensated After A Train Accident?
Yes, financial losses can be compensated after a train accident in the UK if they are directly caused by the injury and supported by evidence, as part of a personal injury claim under special damages, which may cover loss of earnings if you were unable to work, medical and rehabilitation costs, travel expenses, care and assistance needs. You could add the following losses to your claim:
- Lost income due to time taken off work
- The cost of prescriptions and private medical care
- Rehabilitation treatment, such as physiotherapy
- Payments for a professional carer
- Home adjustment costs- for example, a wet room or stair lift
If you are hoping to add special damages, it is important to note that you will need to prove your losses. You can do this by supplying bank statements, receipts or payslips. Don’t worry if you’re still uncertain about the costs that can be recovered under train accident claims.
What Is The Process For Claiming Train Accident Compensation?
The process for train accident claims means that you will need evidence of the negligent actions that caused the incident and the harm that you experienced as a result. You can read this section of the guide for more details on the claims process.
Access Medical Treatment
Before you even consider making a train injury claim, your priority should be your health. Whether you have experienced minor or severe harm, it is important that you get any medical treatment you need. This may require you to go to the hospital, a GP, an urgent care clinic or a therapist.
Seeking treatment also creates an official record of your symptoms and prognosis. You can request a copy of your medical records at a later stage when you are ready to start legal proceedings.
Start Thinking About Your Evidence
Once you are in a more stable condition, it is a good idea to start collecting the information that will prove your train accident compensation claim. Valid pieces of evidence include:
- CCTV footage- many trains have CCTV cameras, which may have covered your incident
- Photos of the train carriage and visible health and safety risks
- Contact details of witnesses (such as other passengers)
You may find yourself in a stronger position to claim if you start collecting evidence as soon as possible.
Make A Report Of The Incident
Whether you are an employee working on the train or a passenger, you may want to report your accident. This may involve contacting the person in charge of the train, using the complaints policy of the train company or going to an Ombudsman.
It is a good idea to keep copies of any correspondence you have regarding the train accident, as this can be useful for your claim.
Establish Your Own Record Of Events
You can write down the details of your experience, such as:
- The severity of your injuries and how it affects your ability to complete daily tasks
- Pain levels
- Prescriptions and medical treatments
- Time taken off work and any adjustments that have to be made when returning to work
- Expenses relating to the injuries, such as travel costs needed to get medical treatment
Find Out What Steps To Take Next
When weighing your legal options, it is a good idea to contact the law firm you are interested in working with to enquire about their legal services. You can contact a Legal Expert advisor to confirm:
- Your eligibility to make a claim
- An estimate of your potential compensation payout
- Answers to any questions you have about the process
- The fee agreements that our solicitors use
Check Whether You Are Still Within The Time Limit
Most people need to start making a train accident compensation claim within 3 years of the incident. There are specific circumstances where this is not the case, so visit our limitation period guide for more details.
When you have already experienced the stress of a train accident, the last thing you need is to sift through complex legal information. So, if you have any questions, why not get in touch with a member of our advisory team? They can give you the direct answers you need.
What Can Legal Expert Help Me With?
One of our personal injury solicitors can help you by applying their years of experience to your train injury claim and navigating the legal system. They provide excellent legal services to make each stage of the personal injury claim easier for you. These include:
- Explaining how to prove your case and where you can get your evidence
- Using their negotiation skills to maximise your train injury compensation
- Helping you to understand key legal concepts and processes
- Assisting you with an application for an interim payment- this is essentially an advance payment you can receive before you are given compensation
No Win No Fee Train Accident Claims With Our Solicitors
By instructing one of our No Win No Fee solicitors, you could receive expert legal support to help you pursue the compensation you may be entitled to. By signing a Conditional Fee Agreement (CFA), we confirm that there is no need to pay for your solicitor’s work:
- Before your train injury claim is underway
- While the case is ongoing
- If train accident compensation is not given to you
If you receive compensation, you must pay a success fee. This is the percentage of the compensation that you pay to your solicitor. This is subject to a legally binding fee, so you can rest assured that you will retain the majority share.
Contact Us
You likely have questions about train accident claims and want to know more about the factors that would impact your compensation payout. Fortunately, our advisors are happy to help. Whether you are hoping to proceed with one of our solicitors, access a tailored compensation estimate, or find out more, they can explain the next steps. You could find yourself one step closer towards getting compensation.
Learn More
Read our other personal injury guides below:
- Learn about brain injury claims
- Find out how to claim for a boat accident
- Visit our guide on aeroplane injury claims
External resources:
- Check if you can claim Statutory Sick Pay (SSP)
- Read the advice on administering first aid
- Read the information on rail safety provided by the Office of Rail and Road (ORR)
Thank you for reading our guide on train accident claims.