Is it possible to claim compensation for falling on the Luas? I injured my shoulder when I fell on the tram after the driver performed an emergency stop.
It is possible to make a claim for compensation for falling on the Luas if the accident was caused by negligence of the tram driver. The Dublin Luas tram operator – currently Veolia Transport – is required to purchase a public liability insurance policy specifically to cover the payment of personal injury compensation to passengers who are injured as a result of negligence of its staff. You are entitled to make a Luas injury compensation claim against this insurance policy, provided that certain criteria can be satisfied.
- Your injury must have resulted from negligence of the tram driver
- Your injury must have involved a failure in a duty of care
- The accident could have been prevented
- You must have sought medical attention for your injury
If you can establish and prove that you sustained an injury on a Dublin tram that was caused by the negligence of the driver, you should be able to make a Luas injury compensation claim to receive recompense for your injuries in addition to recovering any costs you have incurred due to the accident.
Proving driver negligence in a claim for a fall on a Luas tram may seem like a daunting prospect, especially if you were unable to record the contact details of eye-witnesses to the accident before leaving the tram. Fortunately the Luas tram system is extensively covered by CCTV cameras so it may be possible to obtain data from onboard CCTV cameras to support your case. The cameras may not confirm driver negligence but it will still be useful in support of your claim and it can be used to establish that you sustained your injury on a Dublin tram.
It is your legal right to obtain a copy of any CCTV data of you, and a request can be made to Veolia transport to release the footage although it will be simpler if you allow a personal injury solicitor to do this on your behalf. If you did manage to record contact details of eye-witnesses to the accident, a solicitor will obtain statements as further proof to support your claim for injury compensation for an accident on the Luas.
A claim for injury compensation for an accident on the Luas must be supported by medical evidence, and it is vital that all aspects of your injury are details on your medical assessment form. A solicitor will ensure that your injury is thoroughly assessed and any minor injuries – such as cuts and bruises – are also recorded on your medical assessment form. This will ensure that they can be factored into your compensation award when your claim for a fall on a Luas tram is evaluated by the Injuries Board.