Were you injured in a tram accident that was not your fault? You could be entitled to tram injury compensation. Thompsons Solicitors can assist you in making a claim on a no win no fee basis, meaning there is no financial risk to you.

The Edinburgh tram network began operating in 2014, just over fifty years since the last city network (Glasgow) closed down. Now that the new network is up and running it is sadly inevitable that a few people will be injured in tram accidents. Some accidents have already been reported, with cyclists in particular suffering injuries when their wheels got caught in the grooves that form part of the tram trackway.

If you have been injured in a tram accident that was not your fault, you may be able to make a claim for compensation. You may even be able to claim if you were partly responsible for the accident, though the compensation amount may be reduced.

What types of tram accidents can you claim for?

Claims can be brought about by a surprisingly broad range of incidents. Pedestrians hit by trams, cyclists caught in the tracks, passengers thrown about by a sudden stop — all of these can and do leave lasting damage. The types of incident we see most often include:

• Pedestrians being hit by trams: Particularly in shared zones or areas with poor visibility and not enough signage
• Cyclists caught in tram tracks: Wheels can get trapped in the grooves of the trackway, throwing riders off without warning
• Passenger injuries from sudden stops: An abrupt halt that throws people forward into seats or poles, causing whiplash or worse
• Tram door malfunctions: Faulty sensors on closing doors can trap hands or feet. This happens more often than most people realise.
• Collisions with other vehicles: Road traffic accidents involving trams and cars, vans, or motorcycles
• Tram derailments: Not common, but the consequences are serious when they happen. Derailments are generally the result of track faults, poor maintenance, or system failures. Vandalism to the tracks is another cause.
• Platform accidents: Wet platforms, unmarked gaps between the tram and the platform edge, or uneven surfaces

Common injuries from tram accidents

The injuries sustained in tram accidents are extremely varied. Someone might walk away with minor bruising; someone else might face months of rehabilitation or a permanent disability. The injuries most commonly seen include:

• Whiplash and neck injuries: Particularly where a tram stops suddenly or is involved in a collision
• Broken bones and fractures: Arms, legs, wrists, ribs, and the pelvis are all vulnerable
• Head and brain injuries: Ranging from concussion to severe traumatic brain injury. Pedestrians struck by trams are at greatest risk.
• Spinal injuries: Which can result in long-term pain, reduced mobility, or paralysis in the most serious cases
• Crush injuries: Usually caused by malfunctioning tram doors trapping limbs
• Cuts, lacerations, and soft tissue damage — from tram fixtures, broken glass, or the trackway itself
• Psychological injuries: Post-traumatic stress disorder, anxiety, and depression are equally legitimate as a basis for a claim as any physical injury

If you have been injured in a tram accident that was not your fault, you may be entitled to make a compensation claim. For more information about tram-related cycling injuries in Edinburgh, we have a dedicated page.

Who is liable for a tram accident?

Determining liability is a key part of every tram injury compensation claim, and it is not always easy to establish. Depending on the facts of the accident, you may be able to claim against:

• The tram operator: If they were speeding, failed to follow safety procedures, or were not maintaining a proper lookout
• The maintenance contractor: If the tram or the track was not properly maintained, leading to mechanical failure or derailment
• The local authority or transport body: If platforms, crossings, or trackways were left in a dangerous condition
• A vehicle manufacturer: If a defect in the tram's design or its components contributed to the accident
• Another road user: If a car, van, or lorry driver caused a collision involving the tram

It is common for more than one party to share liability. Your solicitor will investigate the facts and determine who was responsible.

Worth knowing: you can still claim compensation even if you were partly at fault. This is called contributory negligence. Your compensation may be reduced to reflect your share of responsibility, but you will not be prevented from making a claim.

How much tram injury compensation could you receive?

The first question people ask is how much they can claim, and the honest answer is that it depends. The severity of your injuries, the length of your recovery, and the financial losses you have suffered all play a part.

Tram injury compensation is made up of two elements:

• General damages: Compensation for the pain, suffering, and loss of quality of life caused by your injuries
• Special damages: Compensation for financial costs linked to your injury, such as loss of earnings, medical and rehabilitation costs, travel expenses, care costs, and any adaptations needed to your home if you are left with a permanent disability

The more serious the injuries, the higher the settlement will be. Traumatic brain injuries, spinal injuries, and limb amputations attract the highest awards. For a clearer picture of what you might be entitled to, see our guide on how much compensation you could receive.

David Adams

Equity Partner

David Adams

Equity Partner

"You only get one opportunity to pursue a claim for compensation arising from an accident, and you have to make sure that when you do that, you get the best possible agents." 

What evidence do you need for a tram accident claim?

Collect your evidence as soon as possible after the tram accident to strengthen your case:

• Photographs and video: Of the scene, your injuries, any damage, and the condition of the tram or trackway
• Witness details: Names and contact information for anyone who saw what happened
• Medical records: Attend A&E or your GP as soon as you can, even if your injuries seem minor. This creates an official record linking your injuries to the accident.
• Tram tickets or travel records: To confirm you were on the tram or at the stop when the incident happened
• CCTV footage: Tram platforms and vehicles usually have cameras. Request the footage before it gets overwritten.
• Accident reports: Report the incident to the tram operator and, where appropriate, the police
• A diary of symptoms: Recording how your injuries affect your daily life, sleep, work, and wellbeing over the weeks following the accident. Courts value symptom diaries.

Not sure what evidence you need? Your solicitor can advise you and help gather what is required.

Time limits for tram injury claims

In Scotland, you generally have three years from the date of your injury to make a personal injury claim. Miss that deadline and you will almost certainly lose the right to claim. Some exceptions apply:

• Children: If a child under 16 is injured, the three-year period does not start until their 16th birthday, giving them until they turn 19 to make a claim. A parent or guardian can bring a claim on their behalf before then.
• Individuals lacking mental capacity: If someone cannot make legal decisions due to a lack of mental capacity, there is no time limit on the claim unless their capacity is later regained.
• Date of knowledge: In some cases, the three-year period starts from the date you became aware your injury was linked to someone else's negligence, rather than from the date of the accident itself.

Get legal advice as early as you can. The details of the incident will still be fresh, witnesses will be easier to trace, and CCTV footage which is routinely overwritten, can be secured before it is lost. More detail on timescales is available on our page about how long your claim may take.

How Thompsons handle tram accident claims

Here is how the process works when you make a tram injury compensation claim with us:

• Free initial consultation: We discuss all the details of your accident, assess whether you have a valid claim, and explain your options. No charge, no obligation.
• Evidence gathering: We help you collect what is needed to build your case, including medical records, witness statements, and CCTV footage
• Medical assessment: We arrange an independent medical examination to establish the full extent of your injuries and how they have affected your life
• Negotiation: We negotiate with the other side's insurers to secure you the best possible settlement
• Court representation: If the insurers refuse to settle fairly, we can take your case to court

Thompsons specialist compensation claims solicitors have wide experience advising people who have been injured in road traffic accidents. We are one of Scotland's leading personal injury lawyers, rated number one by legal directory "Legal 500". We know, though, that people only seek advice from a compensation solicitor when they have been through something traumatic or painful.

That is why our solicitors are sympathetic and approachable, and will do their utmost to obtain the maximum compensation for you in the shortest possible time. We have a success rate of over 90% and work on a No Win No Fee basis.

Find out more about how to start a personal injury claim or read our no win no fee FAQs.

Frequently Asked Questions

Get in touch about your tram injury claim

Injured in a tram accident in Scotland? Think somebody else was to blame? Thompsons Solicitors can help. Contact us for a free, no-obligation consultation to discuss your case and find out whether you could claim compensation.