RAILROAD ACCIDENT IN TEMPI, GREECE – RIGHTS OF PASSENGERS AND THEIR RELATIVES
The train passengers who were injured and the relatives of the passengers who lost their lives in the tragic railroad accident that occurred on February 28th 2023 in Tempi, Larissa, Greece, are entitled to compensation
The same applies for those passengers who did not suffer physical injury, but suffered mental shock and have or will develop post-traumatic stress disorder
- The railroad carrier, namely the company that contracts and issues the passenger tickets, here the company Hellenic Train, is in principle responsible by virtue of Regulation (EC) 1371/2007 of the European Parliament and Council regarding the rights and obligations of rail passengers, incorporating provisions of international conventions (CIV – COTIF) for rail transport. Regulation (EC) 1371/2007 will be replaced on June 7, 2023 by the new European Regulation 782/2021.
In the event of injury to a train passenger, compensation may include:
– Transportation and medical treatment expenses
– Compensation for incapacity to work, temporary or permanent
– Moral damages
In the event of death of a train passenger, compensation may include:
– Body transportation and funeral expenses
– Loss of maintenance of relatives
– Moral damages
Passengers are also entitled to compensation for the loss of their luggage
Attention! The law allows, under conditions, the rail carrier to
- claim exemption from liability for various reasons, such as sole responsibility of a third party
or
- invoke limitation of liability to maximum compensation limits
In order to face such arguments, passengers-victims should seek specialized legal advice in order to be informed about their full rights and to ensure that all appropriate actions are taken for the protection of all their rights.
- Passengers and their relatives may, in this case, be further entitled to claim against the Greek State or a third party, if, besides the rail carrier Hellenic Train, illegal acts and omissions of third party/parties are also established, such as of the Hellenic Railway Organization (O.S.E.) or other body and/or their employees, the Ministry of Transport or other.
Victims should seek expert legal advice to protect their rights.
Very useful in cases as this one is the participation of the victims in the investigation of the accident by the National Agency for the Investigation of Air and Rail Accidents and Transport Safety and/or the Prosecuting and Judicial Authorities, with their own technical and legal representatives and experts.
