The recent train accidents in Adamuz (Córdoba) and Gélida (Barcelona) have shocked the country and brought a critical issue back to the fore: the lack of protection and the bewilderment felt by victims following a disaster of this magnitude. 

 

Once the physical and emotional impact begins to settle, those affected and their families face a legal labyrinth against giants such as Renfe, Adif, or the new private operators.

 

As experts in tort law, and based on current regulations and the most recent precedents, we have prepared this detailed guide to ensure that no right goes unclaimed. In 2026, the law is clear: the redress must be comprehensive.

 

Royal Decree-law 1/2026, of 27 January, on aid for victims of the train accidents in Adamuz (Córdoba) and Gélida (Barcelona)

"The purpose of this royal decree-law is to adopt urgent response measures for the care of victims in view of the damage suffered in the train accident in Adamuz (Córdoba) on 18 January 2026, and the train accident in Gélida (Barcelona) on 20 January 2026.

The aid established in this royal decree-law will supplement the compensation to which affected persons are entitled in accordance with EU and national regulations regarding the rights of rail passengers and assistance to victims of train accidents and their families.

Victims may also receive a financial advance on future civil liability compensation.

The aid established in this royal decree-law shall be granted without prejudice to any other compensation due to all passengers of the crashed trains, whether in terms of assistance (food, accommodation, and transport, among others), loss or damage to hand luggage, animals, and luggage, or in the event of death and injury, which shall be governed by the provisions of the applicable sector-specific regulations."

 

 

The right to immediate assistance: Beyond compensation

Following the accident in Adamuz, Regulation (EU) 2021/782 of the European Parliament automatically comes into play. This regulation, reinforced to 2026 standards, establishes that operators cannot merely wait for a claim; they have proactive obligations:

  • Information and care: Passengers are entitled to timely information regarding their situation, as well as food, drink and, if necessary, accommodation and alternative transport.
  • Advance payments: In the event of death, operators must pay a minimum advance of €21,000 per passenger within a period not exceeding 15 days after the identification of the victim, to cover urgent financial needs. For the injured, proportional advances can also be arranged based on the severity of the injuries.
  • Psychological care: Current regulations mandate the provision of not only medical but also immediate and ongoing psychological assistance, which is vital in accidents involving a high level of post-traumatic stress.

 

The dual compensation route: SOV and Civil Liability

It is fundamental to understand that in Spain, a passenger involved in an accident is entitled to two forms of compensation that are cumulative. One does not have to choose one or the other; both should be claimed.

 

A. Compulsory Travel Insurance (SOV)

Every train ticket implicitly includes this insurance. It is "strict" (objective) compensation, meaning it is always paid whenever there are injuries, without the need to prove the operator was at fault.

  • The SOV Scale: This insurance is divided into 14 categories of severity. The compensation varies depending on the category in which the medical expert classifies the injury or permanent impairment.
  • Deadline: It is recommended to notify the SOV insurer of the accident as soon as possible, although the right to claim persists until the statute of limitations expires.

 

B. Civil Liability (RC)

This route is what allows for full restitution of damages. Unlike the SOV, there are no pre-set limits here. A claim is made when the accident is due to negligence, technical failure, or human error.

  • Calculation of damages: The Traffic Accident Scale, updated to 2026, is used. This scale assesses days of medical leave, physical sequelae, aesthetic damage and, significantly this year, non-pecuniary loss for loss of quality of life.

 

What concepts can be claimed following the Adamuz accident?

Current case law in 2026 has evolved to cover aspects that were previously overlooked. Those affected can claim for:

  1. Personal Injury: Compensation for each day of recovery (hospitalisation, medical leave, or treatment) and for permanent sequelae.
  2. Loss of Earnings: If the accident prevents the affected person from working or results in a decrease in future income, the operator must compensate for that economic loss mathematically according to current income tables.
  3. Material Damages: Replacement or repair of all damaged objects: computers, phones, suitcases, clothing, or even glasses and prosthetics.
  4. Moral Damages (Non-pecuniary loss): Particularly in train accidents, the psychological damage is profound. Fear of travelling again, insomnia, or anxiety are compensable if they are expert-certified.
  5. Future Medical Expenses: If the affected person requires lifelong rehabilitation, prosthetics, or home care, these costs must be covered via a lump sum or a life annuity.

 

Guide to critical steps for victims

To ensure that a claim is not rejected due to a "lack of causal link", it is vital to follow these legal tips:

  • Keep your ticket: This is your contract and proof of your right to SOV. If you bought it online, save the PDF or the confirmation email.
  • Medical reports within the first 72 hours: This is the "golden window". Any pain or symptom must be recorded in an official emergency medical report so that the insurer cannot claim the injury occurred outside of the train.
  • Document everything: Take photographs of broken items and keep taxi receipts to the hospital or pharmacy receipts. In 2026, digitalisation allows every voucher to be key.
  • The Police Report (Atestado): Request a copy of the report prepared by the authorities (Guardia Civil or Judicial Police). This document will determine if there was excessive speed, Adif signalling failures, or driving errors.

 

Legal deadlines: The clock is ticking against you

In Spanish law, delay is the victim's greatest enemy.

  • 1-year deadline: For civil liability claims, the general time limit is one year from the moment injuries stabilise (when you receive your final medical discharge).
  • Interrupting the statute of limitations: It is vital to send a formal out-of-court claim (via burofax) before the year is up to "freeze" the clock and prevent your right to claim from expiring.

 

Rights for delay and cancellation on the Adamuz journey

Regardless of physical injuries, all passengers on the train affected in Córdoba have immediate rights due to the service interruption:

  • Delays exceeding 60 minutes: A 50% refund of the ticket price.
  • Delays exceeding 90 minutes: A 100% refund of the ticket price.
  • Right to alternative transport: The operator is obliged to take passengers to their final destination or point of origin as soon as possible and at no additional cost.

 

The importance of an independent solicitor

Railway operators usually have insurance companies that try to reach quick, global settlements. Never sign a discharge form or accept compensation without having an external solicitor review it.

A solicitor specialising in train accidents will hire independent medical experts and accident reconstruction specialists who will assess your case objectively. Remember that many home or personal insurance policies include "legal protection", meaning your solicitor's fees could be covered in full or in part.

 

Conclusion

The Adamuz accident is a tragic reminder of a traveller's vulnerability. However, 2026 law offers powerful tools to ensure that those affected do not bear the economic cost of a tragedy they did not seek. Comprehensive redress is your right; information and expert advice are your best defence.