$250,000 for injured train passenger Did you know that a TAC claim is not just exclusive to car accidents? You can make a TAC claim for any kind of transport injury, including as a motorbike rider, cyclist, pedestrian and even a passenger on a tram or train. A $250,000 compensation success Our client, Jane (not her real name), was involved in a heavy fall while disembarking a Metro train when the doors did not open properly. Needing to get off at her stop, Jane opened the door that was jammed but not before the train had already started to depart. She fell out onto the platform, sustaining injuries. The circumstances of this case were difficult. Unlike many transport accident claims where the negligence or fault of another party may be obvious, such as a driver running a red light causing an accident, in this case negligence was not clear cut and a strong defence was made against finding any liability attached to the operator of the train. The judge found that the door may have opened in any of the three ways: Our client did not exert enough pressure on the train door in order to overcome the (minimal) pneumatic pressure holding it closed.Debris had lodged in the lower running track of the door which prevented the door from opening.The door remained under 20 to 30 kg of pneumatic pressure because the train driver failed to depress the door ‘release’ button for a sufficient period of time in order for the doors to open. Ultimately the court found option three was more likely and that Metro Trains was negligent in causing Jane’s injury. We also successfully argued that Jane did not significantly contribute to her own injuries with a finding that a reasonable person placed in these circumstances may not have realised that the train was moving at the time she stepped off the train. At Arnold Thomas & Becker, we are proud to take on the tougher cases that other law firms may dismiss. Jane was previously represented by one of our competitors who did not contact her about her claim for years. They then sent her a letter warning her about the limitation period two weeks prior to it expiring, prompting Jane to seek a second opinion from Arnold Thomas & Becker in Werribee. We acted quickly by commencing proceedings immediately and after a tough fight our client was eventually awarded $250,000.00 for her pain and suffering. TAC claims and time limitations As was almost the case with Jane’s matter, there are time limits involved when it comes to claiming compensation for road accidents and they can vary from state to state as well as within individual states. You have a period of 12 months from the date of accident to lodge a claim with the TAC. You have a further two years to lodge your claim, however you must provide reasons for not lodging your claim within the 12 months and the TAC must exercise its discretion to accept your claim. If you do not lodge your claim within the three-year period, you will have no entitlement to receive compensation from the TAC. There is a time limit of 6 years for TAC claims in Victoria to commence a claim for damages. In some cases, there may be exceptions. Contact us to check your eligibility. The sooner you lodge your application, the sooner you will receive compensation for costs you will likely already be incurring such as medical expenses. For more information about TAC claims, eligibility and time limits, visit our TAC page. Contact us We know that transport injuries can be devastating and life-changing. Our no win, no fee structure means we can remove some of the burden during a stressful time, allowing you to focus on your recovery while we handle the details of your case. Call us today on 1300 333 300 or send us an email at [email protected]