Train accident claims

If you or a dependant has been injured or a family member has been killed in a rail accident due to negligence on the part of Metrorail or any other operator of rail services, you may have a legitimate claim against the operator.

At DSC Attorneys, we specialise in personal injury claims, including train accident claims. Our panel of medico-legal experts can help ensure you get the compensation you deserve.

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Under what circumstances are you entitled to make a claim?

Metrorail operates approximately 2200 trains per day, transporting over 2.4 million passengers. Because it provides a mode of transport used by the vast majority of South Africans, it has certain obligations to the public – not least of which is passenger safety.

The onus is on the service provider to ensure that trains, railway lines, stations and rail infrastructure – including signalling and railway booms – are safe and in good condition. Accordingly, any injury you sustain while in a train or on the service provider's property could lead to a valid claim.

You may be entitled to make a claim if you:

  • are personally injured in a train accident
  • are the dependant of a deceased victim of a rail accident
  • fall or are pushed on the station platform
  • fall or are pushed out of a train
  • fall during boarding or disembarking
  • fall on Metrorail property.

What damages can be claimed?

If you're injured in a train accident, you may be able to claim compensation for:

  • hospital and medical expenses incurred due to the accident
  • future hospital and medical costs
  • past and future loss of earnings or earning capacity
  • general damages for pain, suffering and loss of amenities of life.

Proving negligence in a court of law

As is the case with all personal injury claims, the standard doctrines of negligence apply. So two questions are relevant:

  • Did the injury arise from a negligent or wrongful act or omission on the part of the defendant?
  • Was it reasonably foreseeable that the damage could result?

If the answers to these questions are “yes”, the defendant is considered negligent and could be sued for injuries and damage to property.

Proving negligence in a court of law is a complex process that requires in-depth legal knowledge, as well as the skills and the financial resources to locate and question witnesses, introduce expert advice and evaluate mechanical equipment.

As personal injury specialists, our team at DSC Attorneys has the competency and experience to assist you every step of the way.

Contact us today for a free first consultation