Train Accident Claims How Much Compensation Can I Claim?

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On the whole, riding the train is one of the safest ways to travel. However accidents may still occur whether on the train, the platform or in the station. Falls and being hit by objects are the most common forms of injury whilst travelling by train. A number of injuries are also recorded by rail workers on the tracks. If you are harmed following an accident on a train and suffer a serious injury this has the potential to completely change the way you live your life. Depending on the impact your injury has on you, you may be entitled to claim compensation if the accident was not your fault. If you have been involved in an accident on a train and would like to discuss potential damages then speak to Legal Helpline today on 0161 696 9685. Somebody from our team will be happy to answer your questions.

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Our complete guide to train accident claims

If you have been injured as a result of a train accident then you may wish to claim compensation to help you pay for the support you need to recover. You may experience long term health conditions which mean that you are unable to work. You therefore may wish to seek damages for loss of earnings and loss of potential future earnings to help you through this difficult time. This guide will help you to understand the kind of accidents that you can claim for and who bears the responsibility for your injuries.

What is a train accident?

Train accident claim

Train accident claim

A train accident is a wide category which can include slips and falls, injury caused by boarding or disembarking the train, being hit by another train and suffering injury as a result, injury caused by hot food or drinks consumed whilst waiting for a train or whilst on board the train, injuries resulting from train door incidents and accidents caused whilst at work on a train.

How are train accidents caused?

Train crashes and derailments are very rare but in the event that they do happen at consequences can be serious. Here are some of the possible causes of train accidents:

  • Rail conductor negligence – a rail conductor’s responsibilities include checking that the train is safe for customers to travel on and meets the legal safety requirements. If their responsibilities are not fulfilled properly then this could lead to a train crash.
  • Derailment of a train
  • Poor maintenance of the tracks
  • Faulty equipment
  • Collision with another train or another type of vehicle that was attempting to cross the tracks.
  • Bridges in disrepair
  • Faulty level crossings

You may suffer less serious injuries without the occurrence of an actual crash but you are still eligible to make train accident claims.These incidents can include accidents which occur at the platform edge, slips trips and falls on the train or on the platform and contact with another object or person which can include luggage falling from racks ahead or collisions with other people in busy trains and stations.

Train accident statistics

2016/17 saw a rise in fatalities on the railways in the UK. Whilst these statistics seem shocking, they are mostly due to a tram derailment in Croydon in 2016. This however, shows how serious a derailment can be. There has been a small increase in passenger injuries on the railways but a decrease in workforce injuries.

Passenger fatalities on the railways.

Passenger fatalities on the railways.

Who is responsible for your train accident?

The train company that you are travelling with has a duty of care to its passengers according to the law. The train company should ensure that you remain free from harm not only on the train but on any of the train companies premises and whilst using the services. Railway stations are the premises of the train company and so as soon as you walk into a station the duty of care begins and covers the entire time you spend in that station, on the train and at the next station until you walk out of the door and leave the train companies premises. Some of the biggest train operators in the UK who may be liable if you have experienced an accident that was not your fault include:

  • Northern Rail
  • Southeastern Trains
  • Southern rail
  • First TransPennine Express
  • First Hull trains
  • Virgin Trains
  • Cross country trains
  • Arriva Trains Wales
  • First ScotRail
  • First Great Western Trains
  • Gatwick Express
  • Merseyrail
  • London Midland

How the severity of your train accident injuries is assessed

If you have suffered harm as the result of a train accident and wish to make train injury claims then you need to ensure you have a medical examination. An examination by a healthcare professional will establish the extent of your injuries and provide you with appropriate care and medication to help you get better. If after speaking to Legal Helpline we feel that you would benefit from an additional medical examination then we will arrange that for you free of charge. The medical reports that you will receive afterwards will talk not only about the injuries you have sustained following the train accident but also your prognosis for recovery and any long-term damage or symptoms you may suffer as a result. It will also look at whether you have suffered psychological damage as a result of the accident. The independent medical report will be used to work out what damages will be awarded according to the compensation guidelines for personal injury.

What makes up your compensation payment for train injury claims

If you are eligible to make a train accident claim due to an injury that was not your fault then you may wish to look at seeking compensation for pain and suffering. This pain and suffering includes both physical and psychological injury. If your injury, either mental or physical, means that you are no longer able to do the things that you could prior to the accident then you could claim damages for loss of amenity. You may also be eligible for loss of earnings if you are unable to work whilst recovering from your injuries. If you are unable to work completely then you can even claim for loss of potential future earnings. If you have been liable to pay any medical expenses or will be liable to pay for medical care in the future than this can be included in your train accident claim. Other associated costs including transport costs, child care costs and costs to adapt your home if necessary can all be included as well.

What train accident injury claims can we help you with

There are many ways for you to be injured in a train accident from slips and trips to full-blown derailments. We can help in most cases. If you have been injured through no fault of your own you will usually have a claim. Here are some details of the most common types of train accident claims that we can help with.

I suffered a train injury while at work – would I have cause to claim?

Railway workers are exposed to all kinds of risks while they are at work. If they have been injured due to somebody else’s negligence then they may be able to make a railway compensation claim. Injury to a railway worker may occur as a result of faulty equipment, human error, exposure to harmful chemicals and materials or a lack of protective equipment. 2% to 6% of railway workers report an illness that has been caused by work. This can include acute illness and long latency illness which has been caused over time following exposure to a harmful substance, for example , asbestos. Railway workers also have higher levels of respiratory diseases than in other industries. Workers are also exposed to daily hazards such as tripping or falling over clutter and obstacles which have not been appropriately put away, such as luggage.

I was injured in a train crash – do I have a claim?

If you have been injured in a train crash, whether you have suffered minor injuries or a major injury then you are entitled to receive a personal injury claims payout. Although rare there have been a number of high-profile train crashes in the UK. One of which was the Paddington rail crash in 1999 where 31 people were killed and 500 were injured. This was one of the worst railway crashes in the UK history which could have been prevented if an automatic train protection (ATP) system has been fitted, but this hadn’t been put in place due to the cost. The crash was caused by a near head on collision at high speed. In this type of catastrophic incident injuries can range from bruising right through to broken bones, loss of limbs, damage to the spine, brain damage, paralysis and of course death. Victims in this case could have made major claims such as spinal injury compensation payouts as well as any subsequent loss of income and rehabilitation costs.

Burns and scalds on the train – can I claim?

In train restaurant cars or during a trolley service, burns and scalds can occur as people are being served hot food and drinks. If the train turns a corner or reaches a bumpy piece of track then it is very easy to spill hot liquids. If food is being heated up in a microwave then burns can occur inside the mouth after taking a bite of something which has been overheated.

Whilst minor burns can be treated at home and don’t need any further treatment other burns may need medical attention. In very severe cases a skin graft may even be necessary. It depends how many layers of skin and tissue have been affected. Knowing some basic first aid for burns and scalds is useful if you have been injured.

Slip, trip or fall on a train – When can I claim?

Slips trips and falls are very common causes of train accident claims. As soon as you enter the property of the train company, they become potentially liable for any injury you receive if you have an accident that was not your fault. Trips and falls can occur on the train if obstacles have been left in the walkways, for example, luggage or rubbish. They can occur if the train ride is very bumpy or if there is furniture or handrails which require repair. Slips trips and falls can also occur on the platform or in the station and if this land is owned by the train company then they remain liable whilst you are on their premises. Trips and falls are also common whilst people are entering and exiting the train, particularly if there is a large gap between the train door and the platform.

If you have been injured following a train accident and would like to seek railway compensation then speak to Legal Helpline today.

Injured by a train door – could I claim

You may be wondering if you can make a train station injury claim if you are harmed by a train door. The answer to this depends on who is to blame for the injury.

When a train is due to depart there will usually be a warning alarm or message to tell passengers to stay away from the closing doors. Despite this warning, three quarters of passengers say they would still try to board the train after the door alarm has sounded. This is most common during rush hours when trains are busy and people are desperate to board the train to avoid being late for work or other appointment. However, ignoring the train warning alarm can have a number of consequences. As a minimum it can cause a delay to both the train you are travelling on and the wider network and can even cause major injury to the passenger who becomes trapped in the door, it can result in them being dragged along by the train if they can’t continue on into the train or get out of the train again. Most train doors will not open again if there is an obstruction, unlike lift doors for example.

If a passenger has recklessly chosen to try and enter a train after the warning alarm has sounded then any injury that occurs can be considered to be their own fault. However, if there is a faulty door on the train which closes unexpectedly or a faulty alarm which does not alert passengers to the impending closure then the train operator could be held responsible for any injury which occurs as a result and the injured party can therefore seek train station accident claims.

Injured at the train station – should I claim?

Whilst you are on premises of a railway company you may be entitled to make a make a train accident claim against them if you are injured and it is not your fault. There are numerous accidents that can occur on a train company’s premises as it covers such a wide area. Injuries at the train station could happen in the car park, perhaps due to poor maintenance including potholes in the road. There may be an accident in the ticket office or the main concourse due to obstacles in the way of passengers or poorly maintained furniture which could lead to cuts or lacerations. Objects falling onto passengers could cause injury as could slips and falls getting on and off the train, particularly if there is a large gap between the train and the platform.

If you have been injured at a train station and are unsure whether or not you are eligible to receive compensation as a result then please call Legal Helpline for a free, no obligation consultation and our experts will be able to advise you of your rights.

Making train accident injury claims the no win no fee way

If you have been injured and wish to make a train accident claim then you are probably experiencing some trauma following the incident as well as pain and suffering from your injuries. Therefore you will wish to avoid any financial worries that can accompany compensation claims. The good news is that Legal Helpline offer a no win, no fee service. This means that we will help you every step of the way with your claim without asking for a penny upfront. Any legal fee will not be payable until you have successfully received a payout as a result of your train accident claim. If for any reason your claim is unsuccessful, you will not be required to pay anything.

How much would I get for my train accident claim?

If you have suffered an injury as a result of a train accident then you may be wondering how much compensation you would get for a toe injury or what the foot injury compensation amounts may be. To get a rough idea you could for example use a soft tissue injury compensation calculator but there is no real substitute for speaking to an expert who can look at the specific details of your injury and advise you accordingly. Compensation amounts are based on previous claims but none of these previous claims will be exactly the same as yours so we can only make an estimate initially.

Type of injury or effectsCompensation amountsNotes
Serious toe Injuries£7,650 - £10,960Could be caused by an accident such as a slip, trip, or fall. May result in loss of function or loss of toe.
Moderate toe injuriesUp to £7,650Some loss of function which may be temporary.
Amputation of every toe£29,110- £44,710Full amputation of a toe.
Minor/modest foot injuryUp to £10,960Minor or mild damage to the toe.
Moderate foot injury£10,960 - £19,920Moderate injury but with serious pain in the toe.
Serious foot injury£19,920 - £31,250Loss of ability to use the foot fuly/ loss of function.
Severe foot injury£33,460 - £55,830More serious than the above category, but with more pain as well,
Amputation of a foot£66,930 - £87,410Amputation of the foot.

If the injury you have suffered is not covered in this table then don’t worry, this doesn’t mean you won’t be able to claim. Speak to one of our experts and they will be able to talk you through what your personal estimate would be.

Legal Helpline – Why call our experts for your claim?

If you think you may have a train accident claim then look no further than Legal Helpline. We have a highly experienced team of experts who are ready and waiting to help you 24 hours a day. We offer a free, no-obligation consultation before you decide whether or not to proceed with your claim. If you do decide to proceed we will be there to support you every step of the way and won’t ask for a penny in payment upfront, thanks to our no win, no fee policy.

Ready to begin your claim?

Once you have made your decision and are ready to make your train accident claim then we strongly advise that you seek legal representation. Train companies possess large legal departments and the truth is it is very difficult to win a case against them without expert advice. However, there is no need to worry because Legal Helpline are here to help you and work to get the maximum compensation that you deserve.

Contact Legal Helpline today on our free phone number: 0161 696 9685 or you can email us from our contact page. Alternatively, use our contact form on the website and we’ll get back to you as soon as we can.

Helpful links

Have you suffered from burns on the railways or trains. The NHS provides good advice on dealing with burn injuries.

Recovering from burns

The ORR (Office of Rail and Road) has plenty of advice for rail and train users to keeping safe from harm.

ORR – Passenger safety

The government page linked to below provides further safety advice for rail passengers.

More on passenger safety

If you have had to take the bus as a replacement train service due to trains being cancelled and have been hurt in a bus accident our useful guide below explains how to make a claim.

Guide to bus accident claims