Advice on injury claim after sudden braking by train driver

MuddledOfMiddlesex

I'm not sure if this is the right forum, but OH has just suffered a dislocated shoulder when a train driver braked very suddenly and unexpectedly on entering station (he takes this route every day and it was unusual but no apparent reason). We've had to take taxis to hospital etc and his earnings may suffer as he's freelance and is trying to struggle in on a long commute in a sling, and will have to take time off to go to fracture clinic etc.

No one else on the train was hurt and he did report it immediately and was given a form/a fob off basically. He was holding a barrier loosely but was thrown into another barrier and then to the floor. Others helped but he was on his own and was in so much pain he sent them off while he waited for the pain to subside, then sat on the train till the guard wanted to throw him off which is when he reported it. We're really not people to pursue compensation culture etc but this will affect us.

Anyone know the best route to go down - with the train company first, or to get a lawyer involved? And if the latter, the free companies obviously have advantages but we just want to see if it's fair to get something. I am guessing we might have to try to prove negligence, which could be interesting...

Livingthedream

MuddledOfMiddlesex wrote: »

Anyone know the best route to go down - with the train company first, or to get a lawyer involved? And if the latter, the free companies obviously have advantages but we just want to see if it's fair to get something. I am guessing we might have to try to prove negligence, which could be interesting...

I think you've answered your own question there; ie write a letter to whichever Train Company the driver worked for asking them what they plan to do, with regards to compensation for injuries received.

If the answer back is not to you liking then get in contact with an 'ambulance chasing' solicitor but confirm his costs before hand.

IMHO/IANAL if you have independant witness statements to what happened with a doctors medical report for the injuries your OH got, then me thinks the Train Company will happily play ball.

p00hsticks

One key question - were there no seats available on the train, forcing him to stand, or had he simply got up from his seat in anticipation of the train arriving at the station ? If the former, then this may add weight to the case .....

I'd agree that you need to approach the train company first to see what they say before you consult a lawyer.

MuddledOfMiddlesex

Thank you both. No, alas, he had got up in anticipation of the train arriving as it was the last hundred yards or so, which I know would probably affect any claim. He also didn't get witnesses as when they came to help him, he was so shocked that he just sent them all away till he could stand up. Normal reaction for many people I guess as it's almost embarrassing when you fall and are in pain, but it means he only reported it to station staff when they tried to get him off the train. I was surprised they didn't fill in any kind of accident report - they offered the station first aider after a while but he wanted to go to casualty as he recognised the feeling of it from when he did it seven years ago. Had x-rays and no fracture thank goodness but still ligaments stretched, there'll be physio etc.

Livingthedream

MuddledOfMiddlesex wrote: »

He also didn't get witnesses as when they came to help him, he was so shocked that he just sent them all away till he could stand up.

MuddledOfMiddlesex wrote: »

when a train driver braked very suddenly and unexpectedly on entering station (he takes this route every day and it was unusual but no apparent reason).

As he takes this route every day perhaps he knows one of his fellow passengers that was on the train that day or if not, take the train again, same time and see if he recognises one of them that helped him that day. Then ask them nicely if they could provide a witness statement to what happened that day.

Strider590

If i'd seen this thread 6 months ago i'd have laughed it off.

But I pulled my back quite badly on a train from Sutton Coldfield to Birmingham just before Christmas, we'd almost come to a stop at the station, we'd all stood up to get off and suddenly the driver just slammed on the brakes sending us all flying forwards.
I didn't feel it at the time, but 3 days later and for around 6 weeks my back was agony!

I bet this stuff happens all the time, but I've no idea how anyone would go about making any sort of claims.

catfish50

MuddledOfMiddlesex wrote: »

Thank you both. No, alas, he had got up in anticipation of the train arriving as it was the last hundred yards or so, which I know would probably affect any claim. He also didn't get witnesses as when they came to help him, he was so shocked that he just sent them all away till he could stand up. Normal reaction for many people I guess as it's almost embarrassing when you fall and are in pain, but it means he only reported it to station staff when they tried to get him off the train. I was surprised they didn't fill in any kind of accident report - they offered the station first aider after a while but he wanted to go to casualty as he recognised the feeling of it from when he did it seven years ago. Had x-rays and no fracture thank goodness but still ligaments stretched, there'll be physio etc.

OP, I sympathize with your husband. It's possible the reason he sent the would-be helpers away was because he was in mild shock. Pretty common after a sudden traumatic injury, even a relatively mild one.

Mightn't it just have been an unavoidable, fortunately minor, accident? If your husband has now witnesses, and he was the only one who fell, and he was out of his seat at the time, and he had previously been injured in the same way (i.e., perhaps leaving him vulnerable to re-injury) -- IANAL but it sounds like you might struggle to convince a court that the injury was due to negligence.

Tai Chi can be very helpful with musculoskeletal injuries, though not everyone's cup of tea. Hope he recovers quickly -- I know what it's like to be freelance and have no paid time off to go to medical appointments.

Livingthedream

Strider590 wrote: »

If i'd seen this thread 6 months ago i'd have laughed it off.

That also was my first opinion, but like you have noted the same thing happening on numerous trains coming into GLQ, where the driver suddenly brakes causing the train to jolted to a stop and the passengers who are working their way to the doors are sent across the carriage.

catfish50 wrote: »

Mightn't it just have been an unavoidable, fortunately minor, accident?

Where there's blame, there's a claim. Unfortunately, in this day and age this is 'bread and butter' for the 'ambulance chasing' solicitors and most companies will payout from their liability insurance rather than risk the bad publicity associated with a court case.

MuddledOfMiddlesex

Thanks for the advice. Yes, complaining to the company first of all is the right step, cheers.

I take all those points, absolutely. I know accidents do happen - I am very good indeed at tripping on paving stones, but would never dream of suing because I hadn't quite looked where I was going and got caught out by an uneven slab. It might well be contributory that OH had got up as the train pulled into the station, but the fact is that had the driver not braked really sharply, he wouldn't have dislocated his shoulder. We don't want to make a massive claim, but it will cost him time and therefore earnings - and was extremely painful for him. He's been advised he should keep the shoulder immobilised for at least a fortnight.

And there is an additional benefit - anecdotally on here several people who've answered have noted sharp braking on trains they travel on. There's nothing like having to pay out money to get a company to review safety/procedures. This was the end of the line at a major station and if we make a complaint then at least they will have to look at the circumstances and if there is a training or other issue.

pmm1981

As a train driver there could be numerous reasons why this happened, one of the reasons being driver error but the other end of the scale is someone/thing in the path of the train.
If you can remember the date, time of the service the TOC can download the OTMR (black box) and see what happened at the station in question.
There should have been an accident form filled in at the time, we are told to fill in an accident form for the smallest of accidents incase of comeback like this.
Good luck with your claim.

MuddledOfMiddlesex

Thanks, everyone. It's interesting what you say, pmm1981, there seemed to be some suggestion that something happened automatically on entrance to the station to slow the train, no idea what that might have been! We are going to write and see what is said.