If you've been injured as a passenger on a train or at a railway station, you could be eligible to make a train accident compensation claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Train Accident Claims
Travelling by train is one of the safest and fastest modes of transport in the UK. However, accidents do occasionally happen. If you were injured in a train accident due to someone else’s negligence, you may be eligible to make a train accident claim for compensation.
Train accidents include slips, trips, and falls, platform accidents, being struck by falling luggage, collisions and derailments. Whether you were a passenger or employee, a specialist solicitor can assess your situation and explain whether you’re eligible for compensation.
For a free case assessment over the phone, call 0800 470 0472 today or use our online contact form to arrange a call back.
Key points about train accident claims
- Eligibility: You can claim if you were injured on a train or at a station due to negligence or safety failings.
- Rail Operator Duties: Train companies must take reasonable steps to ensure the safety of passengers through proper maintenance and staffing.
- Time Limit: You have 3 years from the date of the incident to make a personal injury claim.
- Compensation: Can cover physical injuries, emotional trauma, travel disruption, and financial losses.
- No Win, No Fee: Your solicitor will work on a no win, no fee basis, meaning you only pay a fee if your claim succeeds.
Table of Contents
Am I eligible to make a train accident compensation claim?
Yes, if you suffered a train accident and injuries, you will be entitled to compensation if the following apply to your case:
- Another party owed you a duty of care.
- They breached their duty by committing an act of negligence.
- That negligence led to a train accident.
- You suffered an injury or injuries as a result.
- Your accident took place in the last three years (subject to some exceptions).
Who would be liable for a train accident claim?
Depending on the circumstances of your accident, your train injury claim could be made against:
- The train company – Most claims are made against the train company because they have a legal duty of care to take reasonable steps to keep passengers safe on trains and at stations.
- The train manufacturer – If a mechanical failure, design flaw, or defective component caused the accident.
- A business owner – If you suffered an injury in a bar, shop or other private premises at a train station.
- A negligent driver – If they ignored a railroad crossing sign or stopped on the train tracks, causing a collision.
- Another person – If, for example, they left their livestock unsupervised and an animal ended up on the railroad, causing an accident.
What is the time limit to claim train accident compensation?
The Limitation Act 1980 sets out a three-year time limit to make a train injury claim after an accident that was not your fault, with a few exceptions:
- A child injury claim can be made by a parent or another person acting in litigation at any time before the child’s 18th birthday.
- There is no limitation date if the injured person does not have sufficient mental capacity to manage their case.
- In case of a fatal train accident, you can begin a compensation claim within three years after your loved one’s death.
How do I make a train accident compensation claim?
If you were injured as a result of a train accident and you want to make a claim for compensation, you should:
- Get medical attention as soon as possible to have your injuries diagnosed and treated.
- Report the accident to the train operator and ask for a copy of the report.
- Gather evidence, such as photos and videos of the scene and your injuries.
- Ask for the names and contact information of anyone who saw the incident.
- Keep details of the impact on your life and related financial losses.
- Contact a personal injury solicitor who will send a letter of claim to the defendant and negotiate a compensation settlement.
How much compensation could I claim for a train accident?
There is no set amount of compensation awarded in rail accident claims. The compensation you can claim will be calculated based on two types of damages:
- Special damages are awarded for any financial losses and expenses you sustained as a result of the accident, such as private treatments and loss of earnings.
- General damages are awarded based on the extent of your injuries and include physical pain, emotional suffering and loss of amenity.
Below are some examples of compensation awards for a railway accident from the 18th Edition of the Judicial College Guidelines. Depending on the types and severity of your injury, you could possibly receive:
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Brain damage causing serious disability, substantial dependence on others and reduced life expectancy | £289,000 - £373,000 |
| Elbow Injuries | An elbow injury causing some long-term problems, including impaired function. | £21,000 - £42,000 |
| Leg Injuries | A leg fracture or soft tissue injury causing some permanent issues, such as impaired mobility or a limp | £24,000 - £37,000 |
| Post-Traumatic Stress Disorder | PTSD with near-full recovery but some ongoing effects that are not grossly disabling | £11,000 - £31,000 |
| Chest Injuries | Chest injury causing some permanent tissue damage but no major long-term lung problem | £17,000 - £24,000 |
| Hip And Pelvis Injuries | A hip or pelvis fracture or significant soft tissue injury with minimal or no long-term disability | £5,200 - £17,000 |
| Wrist Injuries | A wrist fracture or soft tissue injury taking more than a year to recover | £8,000 - £14,000 |
| Neck Injuries | A minor neck injury recovering fully within 1-2 years | £5,800 - £10,000 |
Can I make a rail injury compensation claim on a No Win No Fee basis?
If you have a valid train accident claim, your solicitor will offer you a no win no fee agreement, which means that:
- You do not have to pay any upfront solicitor fees.
- You will receive free support and advice throughout the claims process.
- If your claim fails, you do not have to pay your solicitor a single penny.
- If your claim is successful, your solicitor will get a success fee from your compensation award.
Frequently asked questions
- Poor maintenance of equipment or the work environment.
- A lack of training or supervision.
- Unsafe handling, storage, or transport of goods or substances.
- Inadequate personal protective equipment (PPE).
- Hazardous manual handling.
- A lack of risk assessments or health and safety policies.
To be able to claim, you must report the incident to the police as soon as reasonably practicable (usually within 48 hours) and get a crime reference number. Also, your behaviour must not have contributed to the assault.
It is essential to remember that there is a two-year limitation period for starting a criminal injury claim through the CICA.
You could use the following to support your claim for train injury compensation:
- Medical records from your GP, A&E, or a minor injuries unit.
- Witness statements, including your own testimony of the events.
- Photographic evidence of the accident, hazards and your injuries.
- Accident report forms and police reports.
- CCTV footage capturing the incident.
- Maintenance and training records from the train company.
- Financial proof such as receipts, invoices or train tickets.
- Slips, trips and falls caused by spillages, uneven surfaces, objects left in walkways or poor lighting.
- Faulty lifts or escalators, such as mechanical failures, sudden stops or broken handrails.
- Falling luggage and other objects on a train or in stations.
- Injuries and illnesses from food and drinks served on trains and in train stations.
- Damaged furniture, such as broken seating or faulty doors.
- Train collisions and derailments due to poor track maintenance, hazards on tracks or adverse weather conditions.
- Overcrowded platforms or carriages.
- Platform accidents, such as being trapped between the train and the platform.
- Assaults or criminal injuries in a train or station.
- Soft tissue injuries, such as sprains, strains, cuts and lacerations.
- Head injuries, such as bumps, bruises, concussions and traumatic brain injuries.
- Back injuries, such as sprains and strains, herniated or slipped discs and spinal injuries.
- Burn injuries caused by hot food or drinks, steam or friction.
- Food poisoning and allergic reactions.
- Broken bones and dislocations of the arms, legs or hips.
- Work-related conditions such as noise-induced hearing loss or an asbestos-related disease.
To start your claim, speak to a legal adviser by calling 0800 470 0472 or request a call back for a free consultation. They will let you know if you are eligible for train injury compensation and answer any questions you may have.
