Introduction to Train Accident Compensation
It may be possible to claim train accident compensation if you have been injured on public railway property or have been involved in an accident on a train through no fault of your own. Train accident compensation can also be claimed in some cases for any injuries sustained in collisions with trains or accidents which have occurred at railways crossings – again, provided you were not totally at fault for the cause of the accident. If you or a loved one have been injured in a railway accident, you could be eligible to make a compensation claim for train accident injuries and should consult a specialist train accident solicitor for advice.
Catching a train is one of the safest ways to travel, and there are relatively few train accidents and injuries over the course of the year. According to the Department for Transport, figures for 2010-2011 indicate there were over 208,000 injuries sustained in road traffic accidents, with train accidents only responsible for 13,100 casualties.
The chances of injury when travelling on a train may be smaller than on some other forms of transport, but for many train accident injury victims and their families, the consequences of a train accident are often devastating. Compensation for injuries sustained in a train accident can never make up for the suffering experienced as the result of somebody else´s negligence, but it can help victims and their families in their quest for a normal life again.
Eligibility to Claim Train Accident Compensation
As with any claim for personal injury compensation in Ireland, in order to claim compensation for injuries sustained in a train accident certain criteria must be met. Train accident compensation can only be claimed when an injury has been sustained for which medical attention was sought. Close calls and near misses cannot be the basis of a train accident claim for compensation unless a quantifiable psychological injury can be established.
The accident in which you were injured must have also been caused by third party negligence and there must have been a failure in the duty of care owed to you by the person(s) responsible for causing the accident. A claimant may have to prove that a third party has been negligent and that their injuries were sustained as a direct result if consent for assessment is denied when the Injuries Board Ireland try to assess your claim for train accident compensation.
Train Accidents for Which Train Accident Compensation is often Claimed
Train accidents make the headlines in the Irish press when they result in serious injuries and fatalities. However a train accident claim for compensation can also be made for relatively minor injuries – such as cuts, bruises and soft tissue injuries. As long as the injury has been sustained due to a third party´s negligence, you are entitled to receive compensation for injuries sustained in a train accident.
Some of the most common reasons for making a train accident compensation claim include:
- Conductor or driver negligence
- Collisions with vehicles at railway crossings
- Pedestrians and cyclists hit by a train
- Crain crashes and derailments
- Mechanical failures
- Inadequate lighting and security
- Slips, trips and falls due to station and platform hazards
- Scalds from buffet car accidents and food poisoning
If you have been injured in any of these types of accidents and are not sure if you are eligible to claim train accident compensation, you should seek advice from a train accident solicitor in Ireland.
Claiming Train Accident Compensation for Children
Under Irish claims law a child cannot instruct a train accident solicitor, submit an application for an assessment to the Injuries Board Ireland or initiate a legal compensation claim until they reach the age of eighteen. However, when train accidents involve children, delaying a claim for what could be many years is rarely practical or advisable. It is often to the child’s benefit that a claim for train accident compensation is commenced on their behalf at the earliest opportunity after the injuries have been sustained.
Therefore, a responsible adult – such as a parent or legal guardian – is allowed to represent a child in a train accident claim for compensation. They can act as a ‘next friend’ for the child, and can make the claim on the child’s behalf provided that they are prepared to accept liability for all costs and there is no conflict of interest. Train accident compensation claims for children can be complicated, and settlements of compensation for children involved in train accidents have to be approved by a judge. Because of this requirement, it is recommended to seek advice from an experienced train accident solicitor and to arrange for professional representation when pursuing a train accident compensation claim for a child.
Contacting a Train Accident Solicitor
By speaking with a train accident solicitor, you will be able to establish that you have a claim for train accident compensation which is worth your while to pursue, get help with the completion and submission of Application Form A to the Injuries Board Ireland and could have your train accident compensation claim presented directly to the negligent party´s insurers for a faster settlement of your train accident injuries claim.
It is important that you contact a train accident solicitor as soon as practical after you have received professional medical attention for your injuries to ensure that evidence of negligence can be collected in good time and that you do not encounter unnecessary delays in the preparation and submission of your claim for train accident compensation.