El train It is one of the safest means of transport. However, when an accident occurs negligence or a technical failurethe consequences can be devastating. Vosseler Lawyers, as a signature of reference in accidents of trafficWe know that after a train accident, confusion is the first barrier.
Therefore, if you have been affected by a train incident, this is the roadmap, a legal guide for railway accidents, that you must follow to ensure your rights and those of your loved ones.
1. The Compulsory Travel Insurance (SOV)
Every passenger with a valid ticket is covered by the SOV.
- What is it? Mandatory insurance that provides compensation for injuries, disability or death, regardless of who is at fault.
- Remember: This compensation is automatic, but it is often insufficient. It is fully compatible with an additional claim for civil liability if there was negligence.
2. Critical steps after an accident (Minor or serious injuries)
To ensure a successful claim, preserving evidence is vital:
- Immediate medical assistance. Go to the emergency room. The medical report must specify that the injuries resulted from the train accident.
- Keep the ticket. It is your legal contract with the operator (Renfe, Iryo, Ouigo, etc.).
- Do not accept premature agreements. Insurance companies often offer quick settlements to avoid larger lawsuits. Always consult with Vosseler Abogados before signing.
3. What happens if I lost my ticket in the accident?
It is very common for personal belongings to be lost or destroyed in the event of an accident. Don't worry: the physical loss of your ticket does not invalidate your rights. At Vosseler Abogados, we help our clients prove their passenger status through:
- Digital trail. We located the confirmation email, the history in the operator's app, or the bank charge for the purchase.
- Passenger list. We cross-referenced the data with the official list that the operator must provide to the authorities.
- Emergency parts. If you were attended to by 112 or rescue services, that report is irrefutable proof of your presence on the train.
4. Calculating the compensation: The Traffic Compensation Scale
Even if the accident occurs on a railway, to determine the economic amount of the damages, the following is applied by analogy: Traffic Accident Compensation Scale (Law 35/2015). At Vosseler Abogados, we specialize in maximizing this system so you receive what you are entitled to for:
- Days off work. Both hospital and healing facilities.
- Aftermath. Permanent physical or psychological damage.
- Lost profit. Compensation for lost income due to the accident.
5. In case of death
In the tragic event of a death, the heirs are entitled to afull compensation that covers emotional distress, funeral expenses, and loss of income. In these difficult situations, at Vosseler Abogados we take care of everything. legal management with the utmost sensitivity and firmness towards companies.
6. Claims for delays and cancellations
If your problem wasn't medical but logistical, you also have rights. Depending on the length of the delay, you can demand from the 50% to 100% refund of the ticketin addition to travel assistance (food and accommodation) if the operator fails to meet its punctuality commitments.
A specialist's perspective
Álvaro Machado, attorney at Vosseler Abogados Specialized in Criminal Law and CompensationIt expands upon the points of the legal guide for railway accidents. Thus, Alvaro Machado It points out that railway accidents of this magnitude are widely covered by insurance policies that assume the risk of such a catastrophe.
There are three ways to file a complaint:
- Mandatory Travel Insurance- Regulated in Royal Decree 1575/1989, of December 22, which approves the regulations of the Compulsory Passenger Insurance and more specifically in relation to train accidents, Royal Decree 627/2014, of July 18, on assistance to victims of railway accidents and their families.
The Annex to the Law establishes the Scale of Compensation for Compulsory Passenger Insurance, which is divided into categories of death and injuries (referring to Royal Decree 1575/1989). In the event of death and injuries, the compensation provided for in the Scale is as follows:
These amounts must be updated according to the CPI from the year the regulatory text came into force. In this case, from 2014 to the present.
This compensation fund will be available to all victims injured and those harmed by deaths in the event of an accident that occurs on a state-run railway transport service.
- Civil Liability Insurance of the Operator or third party involvedprovided that any type of fault or deficient functioning can be attributed to a natural or legal person and is covered by insurance.
- There are other claims Claims can be filed against insurance companies provided the injured or affected individuals have accident or death insurance policies that cover this type of event. Credit cards used to pay for transportation tickets could be an example.
Victims' rights
The victims of the accident and the people affected by the death of loved ones have rights that can be exercised before the competent authority.
- Right to the corresponding compensation.
- Right to receive general information about the accident from the companies involved regarding rescue efforts and identification of affected persons.
- Right to access the site of the event or its immediate surroundings.
- Right to participate in identification tasks.
- Right to transport, accommodation and maintenance related to the incident.
- Right to psychological assistance, as it should be.
- Right to the protection of their privacy and dignity against unwanted communications during painful times.
- Right to have the belongings of their relatives kept safe, and their return as soon as possible.
Criminal proceedings
Railway accidents of this nature and magnitude are always subject to judicial review in order to ascertain the causes and those responsible.
Police authorities are conducting an investigation together with experts in the field (criminalistics, architects, civil engineers, technical staff from Renfe, Adif, technical staff from the Ministry of Public Works, etc.), which will conclude with a report.
This report, which will contain the investigation of the accident, will surely be expanded with the results of further lines of investigation and requirements to companies and professionals.
The investigation is supervised by an Investigating Court on duty on the day of the events, which corresponds by rotation to the judicial district where the accident occurs.
During the investigation, the judicial authority will be in constant contact with the state security forces responsible for the police investigation.
In court, the testimonial statements of the people involved will be carried out, and once the investigation is directed against specific individuals responsible, the statements as investigated parties of those officials from Renfe, Iriyo, Adif or the Ministry of the Interior who are found to be indicatively responsible.
Property claim and civil claim
The possibility of filing a claim for liability against the public administration should be considered.
In cases where the blame for the accident can be attributed to state-owned concessionary companies or public enterprises, whether due to poor public management, inadequate maintenance of the railway infrastructure, or other circumstances that identify a public administration—state, regional, or local—as responsible, this would be the case with Adif (the Spanish Railway Infrastructure Manager).
On the other hand, it is also possible to take action through civil proceedings by means of a contractual and extra-contractual civil liability action against the Insurance Companies of the subjects responsible for the event.
Why trust Vosseler Abogados?
In railway accidents, you face large corporations with powerful legal teams. To even the odds, you need experts on your side who are skilled in assessing bodily injury and civil liability.
En Vosseler Lawyers We'll analyze your case for free. Our commitment is clear: if you don't win, we don't charge.
