How to Claim for London Underground Accidents and Tram Injuries

Everything You Need To Know

If you’ve been hurt on a tram or tube, here’s what you need to know on how to claim for London Underground Accidents and Tram Injuries. The London Underground, also known as the Tube and various tram networks, such as Manchester Metrolink, Sheffield Supertram, and West Midlands Metro are vital arteries of our transport system.

They carry millions of passengers daily and while generally safe, accidents can happen. Injuries range from a slip or trip if the tram suddenly jolts or potentially breaking a bone if you’re caught in closing doors.

However, if you’ve been injured on a tube or tram due to someone else’s negligence, you may be eligible to make a personal injury claim.

If you want to find out more, Jefferies Claims can help as we partner with experienced lawyers who work on a ‘No Win, No Fee’ basis who can assess your case.

What is Duty of Care?

Operators of public transport owe a duty of care to their passengers and other individuals in and around their systems. This means they have a legal obligation to take reasonable steps to ensure your safety.

This duty covers maintenance of tracks, stations, vehicles, and the conduct of their staff. So, if this duty of care is breached, and that breach directly leads to your injury, you may have grounds for a personal injury claim.

Common Injuries on the Tube and Tram

Injuries sustained on the tube and tram can range from minor bumps and bruises to serious injury. Potential compensation is decided regarding the nature and severity of the injury. Some of the most common injuries include:

• Slips, Trips, and Falls: These are often reported and may be due to wet surfaces, uneven platforms, broken escalators, or obstructions. Injuries can range from sprains and fractures to head injuries, particularly if the fall involves stairs or escalators.
• Whiplash and Soft Tissue Injuries: Sudden braking, unexpected jolts, or collisions can lead to whiplash (neck and back strains) and other soft tissue injuries. These can cause prolonged pain and discomfort.
• Fractures and Broken Bones: Direct impacts, falls, or being caught in closing doors can result in broken bones. Often this type of injury extensive medical treatment and recovery time.
• Head Injuries and Concussions: Striking your head during a fall or a sudden impact can lead to concussions, skull fractures, or more severe traumatic brain injuries.
• Crushing Injuries: Accidents involving doors, gaps between the train/tram and the platform, or being caught in moving parts can lead to severe crushing injuries. These may possibly result in a permanent disability.
• Falling Objects: Incidents where objects fall from overhead racks or equipment may cause head injuries or other severe injuries.
• Injuries whilst boarding or alighting: Faulty doors, sudden movements, or a dangerous step-down to the platform can lead to falls and injuries as passengers get on or off.

It’s important to remember that even seemingly minor injuries can have a lasting impact on your life, affecting your ability to work, carry out daily tasks, and enjoy hobbies.

Your Step-by-Step Guide to a Personal Injury Claim

Claiming for a tube or tram injury involves several key steps. Acting promptly and documenting as much as possible is vital.

Seek Medical Attention Immediately: Your health should always come first. Even if you feel your injuries are minor, get them checked by a medical professional. This creates an official record of your injuries, which is crucial evidence for your claim. Keep all medical reports, prescriptions, and receipts for treatment.

Report the Incident:

On the Tube/Tram: Inform a member of staff (e.g., station staff, train/tram driver, ticket inspector) as soon as possible. Ask for an accident report to be filled out and request a copy for your records.

At the Station/Platform: Report the incident to station staff.

British Transport Police (BTP): For more serious incidents or those involving criminal activity, contact the British Transport Police.

Key Information to Note: Date, time, location (station, specific carriage, platform number), and details of what happened.

Gather Evidence at the Scene (if safe and possible)

Photographs/Videos: Capture the scene of the accident, the cause of the injury (e.g., wet floor, broken step, obstruction), and your injuries.

Witness Details: If anyone saw what happened, ask for their name and contact information. Their testimony can be invaluable.

CCTV: Public transport networks are heavily monitored. Your solicitor can request CCTV footage. However, it’s helpful to note if you believe there was a camera covering the area.

Receipts/Tickets: Keep your tube or tram ticket or proof of travel.

Keep a Detailed Record: Maintain a diary of your symptoms, pain levels, any limitations caused by your injuries. Additionally keep a record of your medical appointments, travel expenses related to treatment, and any lost earnings. This will help quantify your “special damages.”

Time Limits To File A Claim

It is critical to be aware of the strict time limits for personal injury claims. Generally, you have three years from the date of the accident to make a claim, Or, the date you became aware of your injury (if it wasn’t immediately obvious) to start legal proceedings.

There are exceptions:

• Children: For injuries to a child (under 18), a claim can be made at any time before their 18th birthday. Once they turn 18, they have three years to make a claim themselves (until their 21st birthday).
• Individuals Lacking Mental Capacity: There is no time limit for claims made on behalf of someone who lacks the mental capacity to manage their own legal affairs.
• Fatal Accidents: If the injury leads to a fatality, a claim can be brought within three years of the date of death or the date the cause of death was known.

Early action allows for the best preservation of evidence and witnesses’ memories. So, it’s advisable to contact a solicitor as soon as possible,

What Compensation Can You Claim?

Compensation for personal injuries is typically divided into two categories:

1. General Damages: This compensates you for the pain, suffering, and loss of amenity caused by your injuries. “Loss of amenity” refers to the impact your injuries have on your daily life, hobbies, and overall quality of life.

The amount awarded depends on the severity and duration of your injuries.

1. Special Damages: This covers any financial losses incurred as a direct result of your injury. This may include:

• Loss of Earnings: Past and future lost income if you’ve been unable to work or have had to take time off.
• Medical Expenses: Costs of prescriptions, physiotherapy, counselling, rehabilitation, and any private medical treatment.
• Travel Expenses: Costs incurred for attending medical appointments or for alternative transport if you can no longer use public transport.
• Care Costs: If you require assistance with daily tasks, even from family members.
• Adaptations: Costs for modifications to your home or vehicle if your injuries result in long-term disability.

Why Choose Us

Claims can be complex and to be awarded the compensation you deserve, it’s important to consult with a solicitor specialising in public transport accident claims. We work with solicitors who are highly experienced in this field and will:

• Assess Your Case: They will review the details of your incident and advise you on whether you have a viable claim and your likelihood of success.
• Establish Liability: They will determine who was at fault (e.g. the specific tram operator, a contractor).
• Gather Further Evidence: They can obtain medical records, expert reports, and request CCTV footage on your behalf.
• Negotiate with the Responsible Party: Most claims are settled out of court through negotiation with the transport operator’s legal team or their insurers.
• Represent You in Court (if necessary): If a fair settlement cannot be reached, your solicitor will represent you in court.

We offer “No Win, No Fee” agreements (Conditional Fee Agreements). This means you won’t pay any upfront legal fees. If your claim is unsuccessful, you generally won’t owe your solicitor anything.

Being injured on public transport can be a distressing experience. Our team will guide you through the claims process and we work with highly experienced lawyers who will assess your case. Call us for free at 0333 358 3034 or visit Jefferies Claims Contact Us Page to learn more and we can call you back at a time suitable for you.