I suffered a whiplash injury when I was a passenger in a rail accident
Eoin P. Campbell
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief

Question:

I suffered a whiplash injury when I was a passenger in a rail accident, but Iarnród Éireann denied liability when I made my application for compensation to the Injuries Board Ireland. What should I do?

Answer:

You are entitled to claim rail accident compensation against Iarnród Éireann only when it is their fault that you suffered an injury – for example when a driver has made an error or when an accident has happened due to a mechanical failure – but many rail accidents of the nature described above are due to collisions with negligent road users or large animals which have strayed onto the railway line.

In these circumstances, the party liable for injuries sustained in the rail accident is the vehicle owner or farmer, and it is them that you should make any rail accident compensation claim against. Iarnród Éireann maintain Accident Report Books, and they will have recorded the circumstances of the rail accident in which you sustained your injury.

It is in your best interests to discuss your current situation with a solicitor and have them approach Iarnród Éireann for details of who you should make your claim against. A solicitor will also assist you in reapplying for assessment of your rail accident injuries and ensure you receive a speedy resolution to your rail accident compensation claim.

As there has already been a passage of time since the date on which you sustained your injury, we recommend that you contact a solicitor without delay.

Copyright © 2009-2015 Eoin Campbell