It is quite common for passengers travelling by rail to be involved in an incident/accident causing injury on a train or tram. These accidents can happen in a number of different ways and such accidents do not necessarily arise from the collision of a train itself but rather from circumstances such as objects on trains which cause a hazard, wet floors, incidents involving other passengers or staff and in a variety of other circumstances.

Thankfully train accidents are very uncommon in this jurisdiction but train accidents can happen and we have had a number of accidents involving the Luas since its arrival to this jurisdiction.

If you have been involved in an accident on a train through no fault of your own then you may be entitled to claim train accident compensation in respect of your injuries.

What to do when you are involved in a train or Luas accident

If you have been involved in a train accident you should deal with the matter as follows:

  • Seek medical attention as soon as possible in order that your injuries can be fully recorded for the purposes of your claim.
  • Take as detailed a note as possible of the accident to include the location of the accident on the train and the manner in which the accident happened.
  • If there are any witnesses to the accident you should take details of those witnesses and their telephone and contact details.
  • You should speak to your Solicitor as soon as possible in order that your train accident compensation can be sought on your behalf.  Your Solicitor will lodge a claim to the Injuries Board in respect of the injuries that you sustained as a result of the train accident.

Alicia’s case: trip and fall claim against local authority

Alicia was involved in a serious trip and fall whilst she was on the platform of the station boarding a train. Alicia stepped on to the first step in order to board the train and slipped from the first step where she landed between the train and the platform after falling to the ground.

She was extremely distressed as a result of the accident and she sustained injuries to include a significant sprain to her wrist, injuries to her ankles and knees and psychological injuries as a result of the trauma suffered when she fell to the ground between the train and the platform.

Alicia suffered post-traumatic stress as a result of the accident and we initially lodged her claim to the Injuries Board.

The Injuries Board issued a Certificate of Authorisation in order to allow us to take Court proceedings on Alicia’s behalf. We issued proceedings before the High Court and Alicia claimed compensation in respect of all of her injuries resulting from the train accident.

We managed to negotiate a settlement in respect of Alicia’s case and recovered the sum of €48,500 in respect of her injuries in addition to €2,700 for her loss of earnings and out of pocket expenditure. In addition to the compensation achieved we also managed to secure agreement from the Defendants to pay all of her legal costs associated with the train accident in full.

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