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By Wouter Munten, Personal injury lawyer – Feb. 3, 2025

The recent train accident in Bunnik, in which a passenger train collided with an excavator, shows again how different train accidents are from ordinary traffic accidents. According to NL Times, the train driver was injured, but passengers can also be injured in such a collision. As a personal injury lawyer, I frequently see victims underestimate how complex these cases are.

What makes a train accident different from a traffic accident?

A train accident is fundamentally different from an ordinary traffic accident. In a collision between two cars, it is usually quickly clear who is liable. In a train accident, you will be dealing with large organizations such as NS and ProRail. Therefore, as we at Munten Personal Injury experience on a daily basis, professional help is indispensable.

The legal limitation on compensation in train accidents

Unlike normal traffic accidents, the law has strict limits for compensation in the case of train accidents. According to Article 8:110 of the Civil Code and its implementing decree, the maximum compensation in the case of main railroad accidents is limited to 175,000 units of account (SDR – Special Drawing Rights) per passenger.

These legal restrictions are complex:

    • Main railroads: 175,000 units of account per passenger

    • Local rail transportation: €1,000,000 per passenger (maximum €15,000,000 per occurrence)

    • Hand luggage: limited to 1400 units of account

What personal injury is eligible for compensation?

At Munten Personal Injury, we have extensive experience in all aspects of personal injury in train accidents. Our expertise ensures that no claim is overlooked:

    • Medical costs (now and in the future)

    • Loss of income

    • Rehabilitation costs

    • Domestic help

    • Smart money

    • Loss of or damage to luggage

Why is specialized personal injury expertise necessary?

As Letselschade.NU recently reported, train accidents are among the most complex personal injury cases. At Munten Personal Injury, we distinguish ourselves by:

    • Thorough knowledge of railroad legislation

    • Exact calculation of SDR units

    • Knowledge of all possible exceptions

    • Experienced negotiators opposite NS and ProRail

Recent developments in rail safety

Recent research by TNO and RIVM shows that new technologies can have significant implications for rail safety. This also affects how personal injury cases are handled.

Practical examples of train accidents

Recently, we saw two significant examples:

    1. The Bunnik Incident (January 2025): Collision with excavator

    1. The Berghem Incident (Feb. 11, 2024): A train accident involving a carnival car in which the driver was injured. This case was eventually dismissed with conditions.

Compensation for neurological injuries

Neurological injuries are unfortunately common in train accidents. At Munten Personal Injury, we have specific expertise in this area and work with leading medical experts.

Why Munten Personal Injury?

As a specialized personal injury lawyer, we distinguish ourselves by:

    • Personalized treatment by experienced attorneys

    • Specific expertise in railroad accidents

    • No cure, no pay basis

    • 24/7 accessibility

    • Proven track record in negotiations with NS and ProRail

Contacting your personal injury lawyer

A train accident can dramatically change your life. At Munten Personal Injury, we understand this like no other. Contact us today for a free initial consultation:

    • Location: Oisterwijk

Do you have questions about your personal injury rights? Contact us immediately for a no-obligation consultation.