Indian Rail Crash: Legal Experts Demand Answers After Being Instructed By Victims Of Tragedy

International Personal Injury Lawyers Investigating Indian Rail Crash

01.10.2015

Specialist lawyers instructed by injured victims left traumatised after the fatal train derailment on India’s historic Kalka to Shimla line earlier this month are calling for answers as to how the accident happened and for measures to be put in place to prevent further tragedies.

Two tourists died and nine others were injured in the incident on September 12th during a chartered trip organised by York-based tour company Great Rail Journeys, which involved a journey on a railway line in the northern state of Himachal Pradesh. 

Among those injured were Peter and Pauline Lloyd, from Ormskirk, who were on a ‘holiday of a lifetime’ when the incident occurred, leaving them with physical and psychological injuries which continue to affect them several weeks on.

The couple have now instructed specialist international personal injury lawyers at Irwin Mitchell to investigate how the incident happened and to assist them in ensuring that they receive proper treatment and rehabilitation for their injuries.

Irwin Mitchell previously successfully represented a British woman seriously injured when she was thrown from a similar narrow-gauge train on the same railway line as it pulled away from a station in 2012.

Clive Garner, Partner and head of Irwin Mitchell’s International Personal Injury team, said:

Expert Opinion
“We have now heard first-hand accounts of the terrible ordeal that those on board this journey experienced and are commencing investigations into how the incident happened.

“It is clear many questions remain regarding the factors which led to this derailment. Following our instruction, we are determined to ensure that our clients get the answers they deserve regarding how the incident happened, at the same time we will work to ensure that those we represent access ongoing support for the physical and psychological injuries which continue to impact their lives.

“It is also vital that lessons are learned from this incident and that the prospects of a similar incident occurring in the future are reduced.”
Clive Garner, Partner

Peter Lloyd, 69, and his wife Pauline, 68, were on just the second day of a once-in-a-lifetime trip when the incident occurred and the trauma of the situation led them to cancel the rest of the trip and return to the UK early.

While Peter was examined by a doctor on the day of the incident, ongoing pain in his shoulder has led him to seek medical advice back in the UK and he now requires a sling. He is also set to get specialist hospital treatment in the coming weeks.

Further to this, Pauline has required treatment from her GP for her ongoing psychological trauma.

Peter recalls: “The incident happened so quickly, just minutes after leaving the station, and I was thrown across the carriage with a seat landing on top of me. It was incredibly scary and we genuinely thought we could die.

"After the incident, my shoulder was painful but I was just so worried about Pauline - she was just completely traumatised and is still not right. We came home almost a week early simply because we were in such a bad way – this was meant to be the holiday of a lifetime but it was disastrous.”

Peter added that the couple were concerned to hear about previous incidents on the railway prior to the holiday.

He said: “This incident should not have been allowed to happen and it is concerning to hear about the previous accident on the railway. I believe that the tour operators must meet their responsibility to ensure that the safety of their customers is paramount.”