Train & Rail Accident Compensation Claims
Rail travel in Ireland is very safe, but injuries can still happen, whether on a train, at a station, or on a platform. If you were injured on the railway because of someone else’s negligence, you may be entitled to claim compensation.
Assisting Claimants Involved in Railway Accidents
With more than 30 years of experience in personal injury, the team here at McCarthy + Co Solicitors LLP has brought many successful public transport accident claims, including cases involving injuries sustained on Ireland’s rail network.
Rail accidents can happen through driver or signalling error, a mechanical failure, or negligence by the operator or its staff. A claim may arise in a range of situations, including:
- negligence by the train driver or other staff;
- signalling or mechanical failures leading to a collision or derailment;
- a collision involving a pedestrian or cyclist, for example at a level crossing;
- an injury caused by a falling object inside a carriage;
- a slip, trip, or fall in a carriage or on a platform;
- faulty doors, or doors closing early, causing injury; and
- an injury from hot food or drink served on board.
Arrange a time to speak with a solicitor by completing our quick and confidential online form.
Who is responsible
Most rail services in Ireland are operated by Iarnód Éireann, which is also responsible for the railway infrastructure, including stations, platforms, and level crossings. As the operator, it owes a duty of care to its passengers and to others lawfully on the railway, so where an injury resulted from its negligence, or that of its staff, it may be liable. Where another party caused the accident, for example a motorist at a level crossing, the claim may be against them instead, or in addition. We can help identify who is responsible in your case.
What to do after a rail accident
The details you record after an accident can be crucial to a claim. As far as you are able:
- note the train company, the route, and the time;
- take the names of any staff involved, and of the manager they report to;
- photograph your injury and the scene, or ask someone to do so for you;
- ask any witnesses for their contact details and, if possible, a short written account; and
- seek medical attention, and keep a record of your injuries and treatment.
If you need further assistance, complete the form on this page and a member of our team will be in touch with you.
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Meet Liam Crowley
Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.
If you have been injured on a train, or at a station or platform, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.
Frequently Asked Questions
Some of the questions we are often asked in relation to this topic.
What do I need to prove to bring a rail injury claim?
You need to show that you were injured through the fault of another party, whether the operator, a member of its staff, or a third party, and that they failed in a duty of care owed to you. You will generally also need to have suffered an injury that required medical attention, and it is important to have recorded the key details of what happened.
Can I claim for a near-miss or a frightening experience?
Generally, no, unless the experience caused you a recognised psychiatric injury rather than ordinary shock or upset. Where a genuinely traumatic incident has led to a diagnosed psychological condition, that can be the basis of a claim. We can advise whether your situation is likely to meet the legal test.
How long do I have to make a claim?
In most cases, two years, less one day, from the date of the accident or the date of knowledge. You should also notify the party responsible in writing at an early stage. Because these deadlines are strict, and evidence such as CCTV is best obtained quickly, it is wise to take advice promptly.
Do I need a solicitor?
You are not required to, but it can make a real difference. A solicitor can preserve evidence, including CCTV and any investigation findings, gather medical reports, identify who is liable, and deal with the operator, its insurers, and the Injuries Resolution Board on your behalf.
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Useful Resources
Some links that you may find useful:
- Railway Accident Investigation Unit – Independent rail accident investigation
- Commission for Railway Regulation – Railway safety in Ireland
- Iarnód Éireann – Irish Rail
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