Bringing an Injury Claim Following an Incident with a Luas Tram
With more than 30 years of experience in personal injury, the team here at McCarthy + Co Solicitors LLP have helped many people across Ireland secure fair settlements for injuries sustained on public transport, including Dublin’s tram network.
Because the Luas runs through busy streets and stops, injuries can happen in a number of ways. A claim may arise where an injury was caused by negligence. Common causes include:
- a collision between a tram and a car, cyclist, or pedestrian at a junction or crossing;
- a sudden stop or jerk that throws a passenger who is seated, standing, or moving about;
- an injury while boarding or alighting, including doors closing on a passenger;
- a slip, trip, or fall on a tram, or at a stop or platform; and
- poor maintenance of the tram or the track.
Arrange a time to speak with a solicitor by completing our quick and confidential online form.
Who is liable
Who is responsible depends on how you were injured. Transdev, which operates the Luas, owes a duty of care to its passengers, so where an injury resulted from driver error or poor maintenance of a tram, the operator may be liable. Transport Infrastructure Ireland is responsible for the tram infrastructure, including the tracks and stops, and may be liable where a defect there caused your injury. Where another road user, such as a car driver, caused a collision, the claim may be against them, or against the Motor Insurers’ Bureau of Ireland if they were uninsured or cannot be traced.
As with any claim, your own actions can be relevant. Where an injured person’s own behaviour contributed to what happened, for example dangerous conduct such as ‘tram surfing’, any compensation may be reduced, or in a serious case a claim may not succeed at all.
What to do after a tram accident
The steps you take afterwards can protect both your health and any claim. As far as you are able:
- seek medical attention, since your health comes first and the records are important evidence;
- report the incident to Luas staff or Transdev, so that it is officially recorded;
- take the contact details of any witnesses, and photograph the scene if you can; and
- ask your solicitor to request any relevant CCTV footage from the tram or stop, as it may be overwritten before long.
Contact us using the form on this page if you need further assistance.
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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 in an accident involving a Luas tram, 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.
Can I claim if I was injured as a passenger on a tram?
Yes. Where you were injured as a passenger, for example by a sudden stop, a fall while boarding or alighting, or doors closing on you, and this resulted from the operator’s negligence, Transdev may be liable. You do not need a collision with another vehicle to have a claim.
What if a car caused the collision with the tram?
Then the claim may be against the driver responsible, through their motor insurance, rather than against the tram operator. Where that driver was uninsured or cannot be traced, you may be able to claim through the Motor Insurers’ Bureau of Ireland. We can help identify who is responsible in your case.
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 responsible party in writing at an early stage. Because these deadlines are strict, and evidence such as CCTV may be lost, it is best to take advice promptly.
Will my own actions affect my claim?
They can. If your own conduct contributed to the accident, any award may be reduced to reflect that, under the rules on contributory negligence. In cases involving clearly dangerous behaviour, a claim is unlikely to succeed. If you are unsure how this applies to your situation, we can advise you honestly.
Do I need a solicitor?
You are not required to, but it can make a real difference, particularly where liability is shared between the operator, another road user, or the body responsible for the infrastructure. A solicitor can preserve evidence, identify who is liable, and deal with the Injuries Resolution Board and the insurers on your behalf.
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Useful Resources
Some links that you may find useful:
- Luas – The Dublin tram service
- Transport Infrastructure Ireland – Light rail infrastructure
- Commission for Railway Regulation – Light rail safety in Ireland
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