Such incidents like getting your jacket caught in the carriage doors of a train is a harrowing experience with potentially serious, perhaps even fatal consequences. Whether or not being injured in a train accident involving a trapped item of clothing entitles the injured party to claim for compensation depends on the circumstances surrounding the incident, who was responsible for the accident and how long ago the accident occurred.
Reasons why a train accident claim may be rejected
Personal injury claims following a train accident involving trapped items of clothing, bag straps or similar items may be rejected if the incident occurred more than three years prior to the claim or was caused by the affected passenger’s own irresponsible, unruly or otherwise unsuitable behaviour while boarding or exiting a train.
Successful injury claims
Claims initiated within 36 months of the accident have a chance of being successful if a passenger’s clothing got trapped and the individual was subsequently injured as a result of:
- An overcrowded platform
- Station personnel’s inability to effectively intervene and stop a train when a passenger becomes caught in this manner
- Unruly behaviour on the part of another passenger
The sensitive edge system
In a similar manner, if a passenger is injured in a train accident because the new sensitive edge system currently fitted to new Victoria line trains failed to detect a trapped object and trigger the correct response (emergency brake application and warning signal to the driver), the injured person should be able to claim for injury compensation.
In essence, any claim for compensation requires the claimant to provide evidence to support the claim and assist in the determination of who was ultimately responsible for their accident. Such evidence may, for example, include:
- Statements by and contact details for witnesses, attending medical personnel, police officers, etc.
- Photographs of the scene of the accident
- Photographs and documentation (medical records) of the sustained injury and more
This necessity also applies to claims following slips, trips and falls; work, road traffic or other types of accident.
If you believe you may have the right to claim following a slip, trip or fall, travel or other kind of accident, you can check out your chances of success by completing our 30-second test (also commonly referred to as the compensation calculator) or discussing your case with an advisor by calling our confidential helpline on freephone 0333 500 0993 (mobile) or 0800 689 0500 (landline).
Date Published: November 13, 2015
Author: David Brown