If an accident occurs on a train, plane or boat in England or Wales then the claim can be pursued in a local court under the laws of the land. If the accident is abroad then different rules will apply. But sometimes the accident will be en routeso that neither the home jurisdiction or the law of the foreign country will apply. Here we rely on international conventions.
Please see the section on Accidents on Holiday for further details of how we deal with these types of case.
Train Injury Claims
It seems that every few years in this country there is a rail disaster or serious train crash, involving multiple casualties and sometimes loss of life.. These are complex cases and there may be inquests, criminal prosecutions and official enquiries leading to a train injury claim. Court proceedings are often required to get to the cause of the accident, and there will be media interest. Bereaved families and those suffering life changing train accident injuries need specialist representation in these cases, so that they get the support they need, the rehabilitation and interim payments where necessary, and the evidence required to do full justice to the claim.
Osbornes Partner Stuart Kightley has experience in this area of law. He represented the victims of the Oxshott train crash in November 2010, when a cement mixer lorry crashed through the parapet wall of a road bridge and landed on a train that was passing under the bridge. The Police and Railway Board carried out investigations and the issue of liability was resolved by agreement out of court. The assessment of damages was a more lengthy process because of the severity of the injuries and one case requiring High Court proceedings was ongoing as at the end of 2012.
Air crashes and airplane accidents
Thankfully airplane crashes are rare, and there has not been an air disaster in the UK for several years, but there are cases of British nationals being killed or injured in aviation accidents abroad, and in this country there are numerous incidents every year where passengers are injured whilst on board a flight.
These accidents are generally dealt with in the same way as other road accident claims. The only difference is the scale and seriousness of the claim because there are often a number of casualties and serious injuries. The cases can all be brought together in one action by one lawyer so that the common issue of liability is resolved for them all in one claim.
This heading cover a broad spectrum, from sinkings and collisions to falls overboard and trips and slips; from cruise ships and ferries abroad to offshore yachts and sailboats; from river boats to pedaloes. In London alone there are thousands of commercial and pleasure boats on the waters of the Thames, and inevitably there are accidents causing injury that result from careless or inattentive piloting, lack of training or defective equipment.
Most accidents take place in domestic waters and may require some understanding of maritime law, but some are in international waters, where international conventions may apply.