The Sambir District Court in Lviv Oblast has ordered Ukrzaliznytsia to pay UAH 150,000 in compensation to a pedestrian who had part of her leg amputated after being struck by a train. The woman was crossing the tracks while listening to music through headphones and failed to respond to the locomotive driver's warning signals. The police closed the criminal case, determining that the railway workers were not at fault in this incident.
According to the ruling, which was published in the court registry in January 2025, the incident occurred in March 2020 at an uncontrolled pedestrian crossing over the railway tracks in Sambir. The woman was crossing the tracks with headphones on and did not react to the locomotive driver's warning signals, leading to the train collision. As a result of the incident, the pedestrian sustained serious injuries (traumatic amputation of one-third of her right lower leg). The police initiated a criminal investigation, but later closed it, finding that the railway workers were not responsible for the accident.
The victim filed a lawsuit seeking UAH 250,000 in compensation from Ukrzaliznytsia for the injuries she sustained in the accident. The railway's representative contested the claim, arguing that the train's collision occurred because the woman neglected her personal safety and was at fault for the incident.
The court's ruling stated that Ukrzaliznytsia is considered a source of increased danger, thus the victim is entitled to moral compensation unless the railway can prove that she intentionally sought to harm herself. According to the court, the railway representatives did not provide such evidence.
“The absence of fault on the part of the vehicle driver and the closure of criminal proceedings against him does not relieve the obligation to compensate for the damage caused by a source of increased danger, meaning that a person causing harm with a source of increased danger is also liable for accidental harm (without fault),” the court ruling noted.
This case was presided over by Judge Ihor Ptashynskyi, who reviewed all materials and positions of the parties involved. The judge partially granted the victim's claim and ordered the railway to pay her UAH 150,000 in compensation. The decision is still open to appeal.
Previously, ZAXID.NET detailed the situation regarding how Ukrainian courts compel Ukrzaliznytsia to compensate pedestrians struck by trains. Individuals walk along the tracks while wearing headphones, are intoxicated, disregard their safety, and violate rules, yet relatives sue the railway for millions of hryvnias in compensation. Read more about why this happens in the ZAXID.NET material.