A train accident could cause injuries from minor soft tissue injuries and fractures to severe and life-changing disabilities. Have you or a loved one been injured in a railway or train accident? If the accident was not your fault, you may have grounds to claim compensation. In this guide we explain how to make a successful train accident claim.
Our guide explains eligibility criteria, what your payout could include compensation for, and who may be responsible for your accident. We also look at common train accident injuries, what evidence your claim may need, as well as time limits to file a claim.
Key Takeaways
- According to the Office of Rail and Road, there were 10,709 workforce and non-workforce injuries on the mainline railways (excluding London) in the year 2023/24.
- Non-severe injuries form the bulk of these injuries.
- You could claim after an accident on a train if you can show another party was at fault.
- Train accident claims could compensate you for physical and psychological injuries, as well as financial losses.
With a team of expert advisors and panel of personal injury solicitors, we are ready to help you. You can get in contact with a member of our team by:
- Phoning 0800 408 7825.
- Talking to our team online about public transport accident claims below.
- Using our online form to contact us.
Jump To A Section
- Am I Able To Make A Train Accident Claim?
- What Payout Could I Get For My Train Accident Compensation Claim?
- Who Would Be Responsible For My Injuries After A Train Accident?
- The Most Common Train Accident Injuries
- What Should I Do After Being Injured In A Train Accident?
- How Can Public Interest Lawyers Help Me?
- Learn More
Am I Able To Make A Train Accident Claim?
Yes you can make a train accident claim if you have been injured due to the fault of those responsible for your safety. The train operating company (whether a private company or nationalised service provider) must have owed you a duty of care and have breached this duty.
Train operators are required to maintain a safety and management system and ensure safe operations under Regulation 5 of The Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS). This includes providing training to drivers and maintaining vehicles.
Negligent actions, such as a driver causing a derailment, faulty doors trapping a limb or sudden stops could be grounds for you to claim compensation.
The criteria claims must meet include:
- That you (or a loved one) were owed a duty of care as a passenger.
- The train operator breached this duty of care.
- You were injured due to this breach.
Proving that another party acted negligently is crucial in making a successful claim.
What If The Accident Happened On A Train Abroad?
If your accident happened on a train abroad you may still be able to claim compensation. However, the process of doing so may be more complex. Cases may involve foreign laws and jurisdictions. However, you could be able to make a claim in the UK if your train travel was booked as a part of a package holiday (defined under The Package Travel and Linked Travel Arrangements Regulations 2018).
Can I Make A Claim On Behalf Of A Loved One?
Minors under the age of 18 or a vulnerable adult without sufficient mental capacity are not able to make their own claims. Instead, a suitable adult may step in to act as their litigation friend. The role of a litigation friend is to manage the claim in the best interest of the person harmed. They may liaise with solicitors and ensure the person harmed is kept up to date with the claims progress.
A solicitor from our panel could support you to make a train accident compensation claim for yourself or on behalf of someone else.
What Payout Could I Get For My Train Accident Compensation Claim?
A claimant left with paraplegia caused by crush injuries in a faulty train door could be awarded between £396,140 and £493,000 in compensation for their injuries. This illustrative figure has been taken from the Judicial College Guidelines (JCG). This resource may be used when estimating compensation for physical or psychological injuries. It contains guideline compensation brackets for different types of injury.
Your payout for a train accident may be made up of two parts, these are general and special damages. The latter of these will be discussed in the next section. General damages are compensation for your pain, suffering and loss of amenity. Loss of amenity deals with your inability to participate in everyday activities as you did before your accident. For example, your foot being crushed by a train door could leave you unable to return to participating in a sport, such as golf.
The table below outlines figures from the JCG which may be relevant to train accident claims. Please note that these figures are only guidelines and that the headline figure is not from the JCG.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple, severe train injuries + special damage. | Multiple, severe types of injury. | Up to £1,000,000+ if inclusive of special damages, such as for the cost of medical care. |
| Injuries involving paralysis | Quadriplegia (paraplegia) - A. | £396,140 to £493,000. |
| Brain injuries. | Moderately severe - B. | £267,340 to £344,150. |
| Back injuries. | Severe - A (ii). | £90,510 to £107,910. |
| Pelvic/ Hip injuries. | Severe - A (ii). | £75,550 to £95,680. |
| Neck injuries | Severe - A (iii). | £55,500 to £68,330. |
| Shoulder injuries. | Severe - A. | £23,430 to £58,610. |
| Elbow injuries. | Less severe - B. | £19,100 to £39,070. |
| Foot injuries. | Moderate - F. | £16,770 to £30,500. |
| Wrist injuries. | Uncomplicated Colles fractures - E. | Around £9,070. |
Next, we look at special damages in more detail.
What Else Can Train Accident Compensation Help Me With?
In addition to general damages, your train accident compensation could also help you with addressing associated financial losses. Whether you suffered minor soft tissue injuries or severe crush injuries, you may have been faced with various financial losses.
Train injury compensation claims could reimburse you for:
- Loss of earnings – depending on your injuries impact on your ability to work, this may form a significant part of your final settlement. This helps to ensure your financial stability during your recovery and ensures you can keep providing for any family or dependents.
- Medical expenses – the cost of medical treatment and prescription (or other) medication could be claimed for.
- Care costs – you may have required help in the home with domestic tasks or childcare.
- Travel expenses – the cost of travelling to attend medical appointments may be reclaimed for.
You will need to provide as much evidence as possible to support your entitlement to claim for these losses. Evidence may include payslips, bank statements, receipts and invoices as well as notes from your employer.
One of our panel of personal injury lawyers could help you to claim train injury compensation. Talk to us for an assessment of your case.
Who Would Be Responsible For My Injuries After A Train Accident?
A train operator may be responsible for accidents involving both passengers and workers. The duty of care owed to these parties may be conferred by different pieces of legislation.
- Workers are owed a duty of care by the train company employing them. Under the Health and Safety at Work etc. Act 1974, the train company should provide employees safe working conditions, appropriate training and protective equipment. Breaches such as the failure to provide training or the provision of defective work equipment could be grounds to make a train injury claim.
- Passengers and other members of the public may be owed a duty of care under The Rail Passengers’ Rights and Obligations Regulations 2010. Under this, the train company should ensure carriages are reasonably safe for passengers to use.
You could make a train injury compensation claim whether injured as a passenger or worker. For more help with your case, talk to our team.
The Most Common Train Accident Injuries
Whilst passengers or staff accidents onboard a train are safer than those on the road, accidents and injuries do still occur. Accidents may be caused by defects in the train, a lack of maintenance or by a negligent driver.
Below we look at examples of different ways in which a train accident could happen and how someone could be harmed.
Slips, Trips And Falls On A Train
Slips, trips and falls could happen whilst boarding, disembarking or walking about on a train. They may be caused by spillages, broken flooring or other damage to facilities. Scenarios may include:
- Broken or damaged steps – damage to the step where passengers enter or exit the train could lead to trips and falls. Such falls may be from a small height, falling onto a train station platform. Broken walkways in trains could also lead to passengers tripping and falling. Falling from the train door could cause a twisted or fractured ankle injury.
- Defective handrails – handrails are used by passengers when entering, exiting and walking through trains in order to maintain balance. The failure to repair a broken handle could cause a passenger to fall from the train, suffering a head injury.
- Wet floors – a train toilet may overflow due to lack of maintenance, causing flooding in a carriage. A spill is not cleaned up, nor are signs placed during the journey. A passenger slips and falls, suffering minor fractures in their elbow.
Becoming Crushed Or Trapped
Passengers or workers could be crushed or trapped by faulty or malfunctioning parts on a train. Scenarios may include:
- Collapsing seats – a fold down seat which has not been inspected collapses, trapping a passengers hand, crushing their fingers.
- Faulty or malfunctioning train doors – a lack of maintenance on the main passenger doors could cause them to close unexpectedly early and without warning. This could trap the passengers arm, causing severe crush injuries and later surgical amputation. The passenger is left with a severe disability.
- Overhead rack accidents – an overhead rack is damaged, but passengers are still allowed to use it. The rack collapses on a passenger’s shoulder, trapping it and crushing their collarbone.
Electrocution
The negligent maintenance of electrical systems in passenger cars could lead to faults and electrocution injuries. Scenarios may include:
- Poor maintenance – electrical systems which have not been correctly maintained could spark, causing a passenger an electric shock when they use an electric control to open a door.
- Exposed wiring – the failure to secure wiring, leaving it exposed, could cause electric shocks and electrical burns to a passenger who comes into contact with them.
- Defective work equipment – a defective power outlet on a train was known about, but was not addressed. An employee is asked to use the outlet and suffers an electric shock, causing neurological problems.
These are just some examples of when people could be eligible to make a train accident claim. Our team could provide help with rail accident claims.
What Should I Do After Being Injured In A Train Accident?
The most important thing you should do after being injured in a train accident is to seek medical help and assistance. This is crucial both for your own health and for your train accident claim. Visit a hospital, walk-in centre or GP to ensure your injuries are correctly diagnosed and that you get any immediate care you need. You may need to dial 999 and call for an ambulance if you suffered more severe injuries.
Depending on the circumstances in which you were injured, you may report the accident to:
- Staff onboard the train, such as a guard, conductor or other member of staff.
- Station staff.
- The train operating company.
Taking these steps ensures that your accident is recorded, that your injuries are taken care of and that you start to create a body of evidence. Following this, there are other parts of the personal injury claims process you need to be aware of.
How Long Will I Have To Make A Train Accident Claim?
Under the Limitation Act 1980, you have 3 years to file a train accident claim. This time limit may be extended or not be applicable in some circumstances. Children have until the age of 21 as they are unable to claim independently prior to reaching the age of 18. For minors, the time limit begins when they reach this age. The time limit is paused for those with reduced mental capacity. If the injured party regains the capacity to make a claim on their own behalf, they will be subject to the standard time limit. This would begin on the date they regained this capacity.
In the above circumstances, you could make a claim on behalf of the person harmed. To help them file a claim, you will need to be appointed to act as their litigation friend. This is a person appointed by the courts to act in the best interest of the person who was injured.
If your train injury claim is not filed within this time limit, you may lose the right to do so.
What Evidence Will I Need To Prove Liability?
Proving that a train operating company is responsible for your injuries requires a robust body of evidence. Key types of evidence may include:
- Witness statements. Collect the contact details of anyone who saw the accident take place. They may later be asked to provide a supporting statement.
- Medical records. Records from paramedic care, doctors or hospital visits can document your injuries and how they were treated. Your records may also show any long-term health problems you may be left with.
- Photos. Take photos of visible injuries, hazards which caused an accident or of the general scene of the accident.
- CCTV footage. The accident may be caught on CCTV either on a station platform (if the accident occured whilst embarking/ disembarking) or internal CCTV in a train carriage.
- Accident reports. You may request copies of any official accident reports and logs.
A solicitor from our panel could assist in gathering evidence and filing your train injury compensation claim within the relevant time limit. Please contact our team to learn more about how we could help you.
How Can A No Win No Fee Solicitor Help Me?
A No Win No Fee solicitor could help guide you through making a train accident claim. They could assess whether you have a valid claim for injuries ranging from minor soft tissue injuries to severe brain damage. We work with a panel of solicitors who have decades of combined experience in securing compensation settlements.
They may be able to help you through a Conditional Fee Agreement. This allows them to work on your case with no upfront solicitors costs. You will just pay a success fee at the end of your case. This is only paid if you win and is capped by the Conditional Fee Agreements Order 2013.
We can offer a nationwide service and could help you access services such as physiotherapy and rehabilitation support. Contact us today to get clear guidance on making a train accident compensation claim.
Contact Our Advisors
Speak to an advisor today to get a free, no-obligation assessment of your train accident compensation claim. They can answer any questions you may have about making a personal injury claim and could connect you to a solicitor from our panel. Contact us today:
- Phone: 0800 408 7825 to speak with a friendly advisor.
- Online Form: Complete our contact form.
- Live Chat: Use our live chat for instant support.
Our team can ensure that your train accident claim is handled efficiently. Begin your claim today.
Learn More
These resources can help you to understand more about claiming train injury compensation.
- Learn more about how to claim for injuries caused by a bus accident in this guide.
- View our compensation calculator to learn more about how injuries may be valued.
- Slips and falls could happen in a train. Learn more about this type of claim in our guide.
References
- This NHS guide to first aid gives information on immediate help
- Find out about how to claim Statutory Sick Pay in this guide.
- Learn more about rail passenger rights here.
For further guidance on making a train accident claim or to find out how a solicitor from our panel could maximise your compensation, contact our team.