Train Accident Claims: How Much Compensation Can I Get?

by hasnain.alam

Commuting through trains is one of the safest and most comfortable modes. This is even backed by statistics that show a huge difference in the percentage of accidents in trains, as compared to other modes of travel. That being said, trains experience mishaps and accidents too. Despite all the efforts done to improve the systems, we still don’t have anything that is 100% error-free. So, if you’re using a train, you’re relatively safe, but there are still a profusion of ways you can sustain injuries in this mode for conveyance. Most of these mishaps occur at the platform, train station, and sometimes in the train itself. 

If you were involved in an incident that resulted in injuries and damages and wasn’t your fault, you reserve the right to submit a claim for compensation. The law gives all the citizens the right to claim compensation if they have suffered damages as a consequence of someone else’s negligence. At Wallace Legal, we have been dealing with train accident claims of various types, and we can safely say that our expert personal injury solicitors in Aberdeen always bring the right results. 

The Responsibilities of Train Company

According to the law, all the train companies are bound to take care of their passengers and customers. The law clearly outlines that these train companies owe a duty of care towards anyone that uses their services. Simply put, the train company is responsible for providing the utmost safety to everyone. Therefore, if you chose to travel through any train company, and you, unfortunately, had to experience some kind of misfortune while you were at their train station, platform, or on the train, you can submit a personal injury claim. The duty of care mentioned in the law begins right from the time you step on to the station, goes on till you’re on the train and stops only until you step out of the station to reach your destination.

Types Of Accidents On Platforms And Trains

Most people are of the view that train accidents only include head-on train collisions. Head-on collisions are definitely categorised as train accidents, but there are several other horrible events that happen too. These events can lead to severe injuries and damages, and therefore, should not be overlooked. All these incidents typically occur at the station, at the platform, and sometimes in the train as well (excluding the head-on collision with another train). Let’s shed light on some of the common incidents that we usually see:

  • The train compartment has defective equipment and worn-out seats. This equipment can be very dangerous for the users. Objects that have sharp protrusions or edges can cause serious cuts and bleed. Moreover, handles that aren’t properly fixed and they come out when a person is holding on to it, also cause injuries. Additionally, broken train doors, defective windows, broken and damaged seats, and bathrooms that aren’t rightly maintained, can cause injuries and problems to passengers. A lot of people come across these issues and as a result, they suffer from minor and major injuries ranging from bruises, cuts to head injuries, breaking bones, or even damages to the spinal cord. 
  • Tripping and slipping are also very commonly seen at train stations and platforms. Most of the time, these trips and slips can be termed as a person’s own carelessness, but not every time. This is because the train company can do a lot of things right that can prevent people from slipping too often. The train service can be held liable if there paving isn’t rightly made, the floor at the platform or station is wet and slippery, there were pieces of broken glass or fruit peels thrown at the floor, which the staff failed to clean in due time. All of this can cause people to slip and experience injuries. In most cases, it’s the elderly people who suffer the damaging consequences because their weak bones cannot withstand the impact of falls. 
  • Illnesses and health issues caused by consuming expired food and drinks is also a prominent issue. Train service has to fulfil the duty of providing all passengers with fresh food and if they fail to do so, the train company is held liable. Most of the time, the staff forgets to refrigerate food and drinks and the food loses its freshness in long transits. Moreover, if the staff is carrying buffet cars across the train that holds hot, boiling liquids, they need to be extremely careful. Sometimes, this boiling liquid (used to make tea or other hot beverages) falls on to the passengers causing severe burns and scalds. 
  • Falling objects mostly result in people getting injured. If the staff fails to properly place the luggage bags, and during transit, they fall on to people, it can lead to a horrible event. 
  • All said and done, train crashes are the most horrid kind of event a person could experience while using trains. Poorly maintained tracks, wrong signal lights, defective equipment, debris and problems on the tracks, mechanical issues in the train or a slight error in judgement by the train driver can lead to a head-on collision with another train.

Steps To Take After A Train Incident

If you happen to be involved in a train accident, the first and foremost step to take is to file a formal report of the incident. You will find a book at every railway station that provides forms for complaints. This complaint will later assist you when you submit a claim. Moreover, look for all the passengers and people who were present and get their contact details. These people can be of immense help when your solicitor will need a witness statement to prove your case. 

Furthermore, you should get your injuries treated at your earliest. You might feel your injuries aren’t so severe, but even then you should see a medical professional. This visit to the doctor will not only help you recover, but also provide you with a medical certificate that can be used later in court.

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