Statistics have proven that a train journey is the safest form of travel, but that doesn’t always mean accidents cannot occur. Research has revealed that over 6,000 passengers in the UK have suffered from a train station related accident every year. This could be any person who has suffered bodily injury or death which arises from waiting at a train station, commuting on a train or because of an incident involving a train.
Train companies have a duty of care towards all passengers who use their services by law. Passengers are entitled to be safe from harm beginning from the time they arrive at the station, throughout the train journey, and when they leave at their destination.
If you have been injured in a train station accident, or accident involving a train, that wasn’t your fault, you may be able to claim compensation whether it happened on the station, platform, or train.
Contact Wildwood Legal today for legal advice to determine whether you can make a train accident claim.
Common causes of train accidents
There are several things that can go wrong at train stations or during train travel. The most obvious cause would be a train crash, though this is extremely rare and very serious.
Train collision and derailments are caused by:
· Poorly maintained tracks, either faulty or damaged tracks
· Mechanical failure such as faults with the train engines, wheels, or breaks
· Objects, debris, or trespassers on the tracks
· Adverse weather conditions (high winds, snow, or ice)
· Failing to follow level crossing gates or signs which may result in a collision with another train or vehicle (caused by driver’s error)
On board and in station injuries which can happen whilst embarking or disembarking a train involve:
· Slips, trips, and falls – such as wet floors or stairs without adequate hazard signs, or the gap between the platform and train
· Damage inside the train such as exposed sharp edges, faulty train doors, or even broken seating
· Falling objects such as luggage from the racks or objects dropped by standing passengers when the train is full
· Fall from an escalator due to overcrowding at the station
· Food and drink related accidents such as burns from hot liquids being spilled or food poisoning
Whether you are a member of the public or an employee, you should be able to claim maximum compensation as long as the accident was caused by someone’s misconduct or negligence. The pay-out for claims will depend on the severity of the damage.
Train accident claims: Common injuries
Injuries sustained by a victim can include physical pain and suffering along with emotional psychological trauma, which is equally serious. Physical pain can include:
· Brain damage- Trauma to the head can be extremely serious. Depending on the extent of the injury and force of the accident, it can cause long-lasting brain damage or concussion.
· Broken bones – Broken legs, arms, and shoulders can be caused by the impact of train crashes and accidents. Injuries can be particularly severe because passengers may be standing and those sitting do not wear seatbelts.
· Spinal injuries – spinal injuries can be dangerous as it leads to loss of mobility or even paralysis.
· Internal bleeding – Internal bleeding can have serious implications and can be fatal (resulting in death) if it is not treated immediately after the accident has occurred.
It may also be hard to resume your daily activities if you also suffer from mental health effects such as:
· Being unable to work after the accident
· Reduced earnings as a result of the accident
· Depression or mental health conditions
· Increased vulnerability to other medical issues
Many train accidents have the potential to result in fatalities. Wildwood Legal can represent the families of those who have lost a loved one. The family may also be entitled to claim financial support for loss of maintenance, funeral expenses, and their past medical expenses.
What compensation can be recovered from a train accident claim?
Train accident claims are calculated in the same way as other personal injury claims. The final sum will consider:
· Loss of earnings while recovering and potential future earnings if you cannot return to work
· Pain and suffering
· Loss of amenity that prevents you from participating in activities you once enjoyed
· Costs of medical treatment for rehabilitation and any future ongoing care you may need
· Other financial losses will be reimbursed such as travel costs to and from your medical treatment or any alterations required to your home/vehicle
It is important to make a claim for compensation if you have suffered from an accident within the last three years.
What should you do after a train accident?
After an accident, the first thing you should do is make a formal report so that the train company can record it in their accident books. While you are at the station, you should try and gather the contact details of witnesses, take photographs of the scene, and ask for a copy of the accident report as this will be helpful when pursuing the case.
You should also seek medical attention for your injuries. It is of utmost importance that you have your injuries treated and assessed as soon as possible. This will also serve as proof of your injuries and strengthen your compensation claim.
Then contact a personal injury solicitor who will assess the value of your claim and assist you in recording your losses.
How much do train accident claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on a Conditional Fee Agreement (also known as a no-win, no-fee agreement).
This means that if you do not win your case, you do not pay us any legal fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
How can Wildwood Legal help with your train accident claim?
At Wildwood Legal, our core strength is in train accident claims. Our personal injury lawyers are experienced in assisting claimants with train accident claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
We can provide you with legal representation and advice about the personal injury claim that you may be entitled to.
We have acted for people from all walks of life who have been injured in train accidents.
The law relating to train accidents is complicated and can be a minefield for the unwary. We will guide you professionally through every step of the journey and make sure that your claim is presented in the best possible way to ensure you gain the compensation you deserve.
Our law firm is authorised and regulated by the Solicitors Regulation Authority, registered in England; therefore, we provide everything that is needed to meet their high standards, meaning that we are a trusted law firm. We offer services to individuals located in England and Wales and have registered offices in Harrogate and London.
With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
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