Using a train is statistically one of the safest ways to travel. Unfortunately, however, accidents do happen.

Is making a claim for such accidents possible, though?

A train company has a duty to its passengers to care for their safety and comply with safety regulations. In order to successfully claim for an accident, you need to prove that the train company, its drivers or staff, were negligent and failed to fulfil these duties.

Injuries on platforms and in stations

A train company's duty to protect your safety doesn't just begin when you board the train. A passenger waiting at the station or getting on or off a train could suffer an accident if station staff failed to take sufficient care to prevent accidents.

The Occupier's Liability Act 1957 applies to train stations and states that an owner or occupier has a duty of care to ensure that visitors will be reasonably safe when using their premises. It means stations and platforms should be kept clean, in good repair, and free of hazards to users so far as is reasonably possible.

Accidents in public places, such as slipping on wet floors, litter or spillages, and tripping on defective stairs or paving on platforms are surprisingly common. Unfortunately, train companies and their staff sometimes fail in their duties, and facilities aren't correctly maintained and checked.

Where it can be proved that the accident was the fault of the owner of the premises, you may be able to make a successful claim.

Accidents while on the train

The train company owes the same duty of care once you have boarded the train.

The operator has a responsibility to provide a safe means of transport. Passengers can be injured when a train driver performs an unexpected manoeuvre, such as overshooting the railway platform, reversing in an unexpected manner, and braking excessively. This can cause sudden jolts and can affect those passengers who are standing, as they might fall.

These unexpected manoeuvres can be as a result of drivers who aren't trained properly. If train companies provided adequate instruction and training, such accidents could be avoided.

Further, people can be injured on trains when they slip or trip on damaged flooring, or by defective train fixtures and fittings, such seats or luggage racks.

Once again, a train company has a duty to ensure that a person is reasonably safe when using the facilities they provide. If they fail in this duty by not making reasonable checks and providing adequate maintenance, you could be successful in a claim.

Train crashes

Safety on rail lines is better than it ever has been, but unfortunately train collisions do still happen.

Such accidents can occur for various reasons, including signal failure, signal errors, driver error, and damaged or badly maintained tracks.

You could be successful in a claim if you could prove that the train company or company that maintains the railway were negligent, for example in driving the train recklessly, or failing to adequately maintain or repair the railway.

Occasionally these collisions are as a result of criminal offences such as stone throwing and the placing of objects on the railway line. It would be difficult to establish in such a scenario that a train company was responsible for any injuries sustained.

However, a victim may have recourse if the perpetrator is caught, as they could make a claim for compensation being made to the Criminal Injury Compensation Authority [link to CICA page].

Making a personal injury claim

If you suffer a personal injury whilst on board a train or at a station, you should always ensure that it's reported to a member of staff, so that they have a record of the incident in the accident book. If possible you should gather any witness details.

It's also important to seek prompt medical attention, both to make sure you receive treatment you require, and also to have your injuries recorded in case you decide to make a personal injury claim.

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