In this online guide, we look at the situation related to injuries that are caused by an accident on a Eurotunnel train. We cover many of the legal factors involved in making a claim, and cover the concepts of liability and eligibility, to show why you may be able to use a No Win No Fee solicitor to process a personal injury claim for you.
Every claim has its own unique circumstances, and this means that even though we have tried to cover as many facts as possible in this short guide, it might not answer all of your questions. If this turns out to be the case, don’t worry. Our claims team can answer your questions for you. All you have to do is give them a quick call on 0800 073 8801. They will also explain the service we offer, and how we can help you to get your claim started.
Select A Section:
- A Guide To Personal Injury Claims Against Eurotunnel Or Le Shuttle
- What Is A Cross Channel Train Accident?
- The Channel Tunnel Act 1987 And Bylaws
- How And When To Report Dangerous Instances
- Liability For Accidents During Your Journey
- Legal Jurisdictions And Laws Which Govern Cross Channel Trains
- Falls And Trips On An International Train
- Compensation Calculator For Accidents On International Trains
- The Type Of Damages You Could Claim
- No Win No Fee Personal Injury Claims Against Eurotunnel
- How We Could Help With Channel Tunnel Accident Claims
- Begin Your Claim For A Eurotunnel Accident
- Further Resources
A Guide To Personal Injury Claims Against Eurotunnel or Le Shuttle
This online guide is focused on providing people who have suffered an injury on a Eurotunnel train with the information and knowledge needed to begin making educated choices about their claim. As long as you are within the personal injury claims time limit, this guide provides essential information on filing for compensation.It begins by taking a look at what a cross channel train accident is, and why you may be eligible to claim if you are injured in one.
The next part of this guide is given over to the legal considerations when making a claim. We have included information related to the Channel Tunnel Act 1987, and other regulations related to channel tunnel transport. You will also find an overview of the complaints procedure for reporting hazards on a cross channel train. We look at who could be liable to pay you compensation, and how the jurisdiction for making claims can change, depending on just where the accident took place.
The last part of this guide covers information about the financial considerations when making a compensation claim. We have created a table, based on the UK Judicial College Guidelines, that shows possible compensation ranges for different injuries. However, this table is only accurate for claims that are made against a UK based legal entity. You will also find a section that lists some of the more common types of damages that a compensation settlement might comprise of.
Lastly, we try to show why a No Win No Fee personal injury solicitor could be the best option to process your channel tunnel train accident claim for you. As this will remove many of the financial risks of making such a claim.
You may have questions about the contents of this guide, the claims process, or your own circumstances. If this is so, you can contact our claims team on the phone number down near the end of this page. A claim adviser will be happy to talk over your claim with you, answer any questions you have, and then explain to you how we can arrange for a solicitor to begin processing your claim for you.
What Is A Cross Channel Train Accident?
The Channel Tunnel is a 50 km long undersea tunnel that connects Folkstone in the UK to Coquelles, Pas-de-Calais in France. The tunnel opened for rail traffic in November of 1994. Eurotunnel has an exclusive contract to provide passenger rail transport through the tunnel, and this is done using the Eurotunnel Le Shuttle, which can carry cars, other small vehicles, and foot passengers.
If you were to be injured on a Eurotunnel train, in some kind of rail accident, or in a general accident such as a slip, trip or fall, then you could have a valid basis for a claim. Eurotunnel is responsible for passenger safety on Le Shuttle. This means that if you are injured on board the train, it would likely be Eurotunnel you make a claim against. However, at either end of the tunnel is a railway station. It may be some other third party you claim against if you are injured in either of these locations.
Either way, the onus will be on you to prove that either Eurotunnel, or a different third party caused the incident that you were injured by. If you would like to know whether you have a potentially valid claim, and who you would be able to claim against, please speak to a member of our claims team. An adviser will evaluate your claim and let you know who could be deemed liable for the injuries you suffered.
The Channel Tunnel Act 1987 And Bylaws
Part of the answer to the question, is the Channel Tunnel safe? Is that there are multiple bodies of legislation that relate to safety within the tunnel, and for using the transport links provided. First amongst these is the Channel Tunnel Act 1987. Within this rather exhaustive set of legislation, there are several sections that relate to supervision by intergovernmental commission and safety authority. Much of this legislation relates to the construction and maintenance of the tunnel, but it also pertains to general safety and the safe upkeep of the tunnel.
At the UK end of the tunnel, there is further legislation that is applicable. In the form of all of the regulations related to rail transport in the UK, which are maintained by the Office of Rail and Road (ORR). The ORR has published detailed information on health and safety laws that relate to railway operators and rail travel.
However, despite the depth of regulations that apply to the Channel Tunnel itself and also the Eurotunnel train service, accidents can and do still happen. If you are injured in such an incident, you may be able to claim for any harm you suffered. Speak to our claims team to learn more.
How And When To Report Dangerous Instances
If you are thinking about claiming Eurostar compensation for an injury, or other kind of loss you suffered, you need to know what the rules are in relation to reporting a problem. The Eurotunnel conditions of carriage state quite clearly that:
- Claims for damage or loss using the Eurotunnel Le Shuttle must be reported within 3 business days of the incident taking place, and a tracked and signed for letter must be sent
- Any legal proceedings that are made based on the conditions of carriage must be actioned within a year of the journey taking place
However, it is important to note that the conditions of carriage in no way affect your normal legal and consumer rights in the UK. As long as you are within the personal injury claims time limit when you start your claim, Eurotunnel cannot refuse to consider it.
Liability For Accidents During Your Journey
In this section, we look at the concept of liability, with regards to which legal entities are responsible for passenger safety on a Eurotunnel train, and whilst transiting to or from the train.
If you are injured while you are actually on the train, then the situation is pretty clear cut, as it would be Eurotunnel that is responsible for safety and keeping you free from harm. Therefore, Eurotunnel could be deemed liable.
If you are transiting on or off the train at one of the terminals each end of the tunnel, the situation is not so straight forward. If you are injured by an accident involving the facilities operated by Eurotunnel in these terminals, then once again, Eurotunnel could be held liable. However, if you are injured inside business premises such as a café or restaurant inside the terminal, then it could be the operator of the premises who could be held responsible for any injuries you sustained.
Legal Jurisdictions And Laws Which Govern Cross Channel Trains
Continuing the theme of the previous section, we need to take a look at how legal jurisdiction could affect your claim. We have already seen how if you are injured on Le Shuttle, it could be Eurotunnel that is liable, but how it could be a different third party to blame in other circumstances.
Eurotunnel is a partnership, between the UK-based company, The Channel Tunnel Group Limited, and the French company France Manche S.A. In general, if you purchased your Le Shuttle ticket in the UK, and embarked from the UK, then it would be the UK arm of Eurotunnel you claim against. However, it some circumstances it might be the French arm. If this is the case, then French law would apply.
Similarly, if you are injured in, for example, a coffee shop inside the train terminal in France, then you may be able to claim against the operator of the coffee shop, but it would be under French law.
Falls And Trips on an International Train
Slips, trips and falls are a very common kind of accident. The Eurotunnel Le Shuttle service presents some unique hazards, that could result in a Eurostar train accident such as:
- An emergency stop on Le Shuttle could cause a passenger to fall over
- Food that has been dropped onto the floor of the train and not promptly cleared up could cause a passenger to trip over
- A damaged step could cause a passenger to trip over whilst boarding or disembarking a train
In each of these examples, it could have been that a third party was responsible for the hazard that caused the accident. In these cases, if it can be proven a third party was responsible, and the victim suffered some form of harm, a claim could be possible.
Compensation Calculator For Accidents On International Trains
You might be able to find some kind of online personal injury claims calculator that will enable you to get a rough idea of the level of compensation you might be able to claim. The table below can help too. It has been created based on the actual UK Judicial College Guidelines for valuing injuries and illness. Please note, these figures will only apply to claims that are made against a UK defendant. They may not apply if you are making a claim against a defendant in France.
|Injured hand||Moderate||£5,260 to £12,460||All flesh wounds such as lacerations, burns, cuts and penetrating wounds as well as crush injuries. Fractures (hairline, simple or compound) as well as soft tissue injuries (sprains, strains, etc.) and injuries that have been partially treated by surgery. In some cases, there would be long-term symptoms but no disability.|
|Injured arm||Moderate||Up to £11,820||Injuries such as medical conditions including tennis elbow, etc. as well as damage to the skin/flesh such as lacerations, burns, scrapes, and penetrating wounds. Injuries that will heal completely in time, and will result in no long-term or permanent impairment.|
|Injured back||Moderate||£26,050 to £36,390||Injuries to the back that will not result in any permanent disability, but may result in some loss of function of the back in the long-term. This would include all soft tissue injuries, as well as damage to the skin, flesh and muscles. It would also include minor damage to the spinal cord or the spinal muscles. Long-term effects might include pins and needles, numbness or tingling in the extremities. In the most serious cases, there may be some minor loss of mobility.|
|Injured neck||Moderate||£23,460 to £36,120||Injuries to the neck that will not result in any permanent disability, but may result in some loss of function of the back in the long-term. This would include all soft tissue injuries, as well as damage to the skin, flesh and muscles. It would also include minor damage to the spinal cord or the spinal muscles. Long-term effects might include pins and needles, numbness or tingling in the extremities. In the most serious cases, there may be some minor loss of mobility.|
|Injured foot||Moderate||£12,900 to £23,460||Injuries to the foot that would result in some level of impairment or loss of mobility. For example, a metatarsal fracture that will leave the foot deformed once healed, and the victim will no longer be able to wear standard shoes. All foot injuries that will heal eventually, with no permanent disability.|
|Injured leg||Moderate||£26,050 to £36,790||Leg injuries that will heal with some impairment, but not at a level high enough to be deemed a full disability. This means all fractures, including compound fractures as well as sprains, strains and other soft-tissue injuries. It would also include all flesh wounds such as burns, grazes, puncture wounds, lacerations and also crush injuries. Long-term effects may include a slight effect on the victim’s mobility but with no need to use a walking aid|
|Injured head/brain||Moderate||£40,410 to £205,580||All head injuries and/or brain injuries that will result in only moderate long-term symptoms. The victim may suffer a small cognitive loss, or minor issues with their memory, or some slight change in their personality. The permanent symptoms may prevent the victim from working in the future.|
|Illness||Moderate||£3,710 to £8,950||All illnesses that will manifest moderate symptoms, that will require over the counter medication to treat. Full recovery would be made within weeks. Hospitalisation may be needed initially.|
|Psychological damage||Moderate||£5,500 to £17,900||Psychological issues such as anxiety, depression, new phobias or post-traumatic stress disorder that will last for possibly several months, with a complete recovery being made eventually.|
If you would like to receive a more accurate estimate of the amount of compensation you might receive if you make a successful personal injury claim against Le Shuttle, then please speak to our claims team. They will explain to you how a lawyer can value your claim for you, based on the results of an independent medical examination that will prove how extensive your injuries are/were.
The Type Of Damages You Could Claim
If you make a successful personal injury claim against Eurotunnel, then the overall settlement you receive will be comprised of potentially a number of different kinds of damages. These could include:
- Special damages (for financial loss):
- Travel costs (travelling to get treatment or deal with the claim)
- Medical fees if you have to pay for private healthcare
- Cares costs to cover paying for nursing care at home
- Loss of income because you had to take time away work. This could be partial loss or complete
- Lowered earning potential if you will not be able to work at the same level in the future, or you are unable to work at all
- General damages (for pain and suffering):
- General trauma, suffering, pain, etc
- Stress and trauma
- Psychological damage such as post-traumatic stress disorder, new phobias, anxiety or depression
- Long-term, painful or traumatic treatment
- Permanent disability or impairment
No Win No Fee Personal Injury Claims Against Eurotunnel
Under a No Win No Fee agreement, you don’t pay your solicitor’s pre-agreed fee until they are able to collect it automatically from a compensation payment, they have received for you. This means there is no upfront fee, or other payments required while the claim is processed, and no fee would be payable if the claim is not a success.
How We Could Help With Channel Tunnel Accident Claims
If you have been injured on an accident on the Eurotunnel shuttle, and you want to begin a personal injury claim, follow this simple new claims process:
- Call our claims team, explain your accident to them, and get answers to your questions
- Have a claim adviser evaluate your claim, tell you whether it is valid, and how best to proceed with it
- A personal injury lawyer can then begin to process a claim on your behalf
Begin Your Claim For A Eurotunnel Accident
Have you been injured in an accident on the Eurotunnel Le Shuttle? Do you think you could well have a valid basis to make a claim? If you have and do, then please call our claims team on 0800 073 8801 today. When you contact one of our claim advisers, they will offer you some free legal advice on how best to get your claim started.
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Article by MW (Mac)