If you’ve suffered injuries in a road traffic accident in Scotland, you may be wondering how to make a personal injury claim. Within this guide, you can learn about the eligibility criteria that need to be met in order to seek compensation and the evidence you could gather to support your case.

Additionally, we look at the duty of care road users owe one another and how a breach of this could lead to a road traffic accident.

You can also find guidance on the compensation that could potentially be awarded following a successful claim and how payouts are calculated.

Finally, we discuss the advantages of working with a No Win No Fee solicitor and the terms under which they could offer their services.

Please continue reading to learn more. Alternatively, please contact an advisor via the contact details below. They can offer free advice regarding your potential road traffic accident claim.

• Call using the number above
• Contact us on our website
• Message directly through the live chat.

Jump To A Section

1. When Can You Make A Road Traffic Accident In Scotland?
2. How To Claim For A Road Traffic Accident In Scotland
3. Examples Of How Driver Negligence Could Lead To A Road Traffic Accident
4. What Compensation Could You Receive From A Road Traffic Accident Claim?
5. Use Road Traffic Accident Solicitors To Claim On A No Win No Fee Basis
6. Learn More About Claiming For A Road Traffic Accident In Scotland

When Can You Make A Road Traffic Accident In Scotland?

Road users owe one another a duty of care which they can uphold by adhering to the rules in The Highway Code and the Road Traffic Act 1988. The duty of care placed on road users requires them to use the roads in a safe manner so as to avoid causing harm as well as damage to themselves and others. 

In order to make a personal injury claim for a road traffic accident in Scotland, you must prove the following:

• You were owed a duty of care.
• This duty was breached.
• You experienced harm as a result of the breach.

To discuss your specific case and find out whether you’re eligible to pursue compensation, please contact an advisor on the number above.

How To Claim For A Road Traffic Accident In Scotland

Evidence can help support your claim for a road traffic accident in Scotland. As such, you could benefit from gathering:

• CCTV or dashcam footage of the accident
• A diary that outlines your symptoms and treatment
• Photographs of your injuries
• Contact details of potential witnesses
• Medical records

A solicitor from our panel may be able to help you gather evidence to support your case. If you get in touch with an advisor, they can assess your claim for free, and if it’s valid, they could connect you with a solicitor who has experience of the road traffic accident claims process.

Examples Of How Driver Negligence Could Lead To A Road Traffic Accident

There are several ways a road traffic accident in Scotland could occur. For example:

• A driver goes through a red light and collides with your vehicle as you’re turning at a junction. As a result, you experience a serious head injury.
• A HGV driver fails to check their side and rear view mirrors before changing lanes on a dual carriageway causing them to crash into the side of your vehicle. This causes you to sustain a serious neck injury leading to paralysis.

Not all incidents of a road traffic accident will form the basis of a valid claim. To discuss your specific case and find out whether you meet the eligibility requirements, please call an advisor on the number above.

What Compensation Could You Receive From A Road Traffic Accident Claim?

Personal injury settlements can consist of:

• General damages: Compensation for the pain and suffering caused by your injuries.
• Special damages: Compensation to reimburse any monetary expenses caused by your injuries, such as loss of earnings and medical costs. Evidence can help prove these expenses, such as wage slips and receipts.

Solicitors can use the Judicial College Guidelines (JCG) to help them value general damages. This documentation provides guideline compensation brackets for a variety of injuries. These can be used alongside medical evidence provided in support of your case.

Compensation Table

The table contains JCG figures but these should only be used as a guide as settlements can differ depending on the unique nature of each case. Also, the JCG figures only apply to claims made in England and Wales.

Injuries	Compensation	Injury Notes
Very Severe Head Injury (a)	£282,010 to £403,990	Full-time nursing care is needed.
Moderately Severe Head Injury (b)	£219,070 to £282,010	Very serious cognitive or physical disability resulting in the need for constant care.
Arm Amputation (a)	£240,790 to £300,000	Loss of both arms.
Severe Back Injury (a) (i)	£91,090 to £160,980	Spinal cord and nerve root damage.
Moderate Back Injury (b) (i)	£27,760 to 38,780	Nerve root damage with associated issues, such as lost sensation.
Severe Neck Injury (a) (i)	In the region of £148,330	Incomplete paraplegia from associated neck injuries.
Moderate Neck Injury (b) (i)	£24,990 to £38,490	Spinal fusion may be required from severe fractures and dislocations that cause immediate symptoms.
Less Serious Leg Injury (c) (i)	£17,960 to £27,760	Incomplete recovery from fractures.
Serious Shoulder Injury (b)	£12,770 to £19,200	Cases within this bracket may include rotator cuff injury with persisting symptoms. following surgery.
Other Arm Injury (d)	£6,610 to £19,200	Simple forearm fractures.

For further guidance on how road traffic accident compensation payouts are calculated, call an advisor on the number above.

Use Road Traffic Accident Solicitors To Claim On A No Win No Fee Basis

There are different types of No Win No Fee contracts that could be offered by a solicitor. This includes a Speculative Fee Agreement or Damages Based Agreement which could be offered under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

The terms of these contracts can typically mean the following:

• No upfront fees for the solicitor’s services.
• No fees for the continued work done on your case.
• If the claim fails, no fees will be taken for their services.
• If the case succeeds, a percentage of your compensation will be taken as the solicitor’s success fee.

If you have any other questions about making a personal injury claim for a road traffic accident in Scotland, please call our team. They can offer further guidance 24/7. To reach them, you can:

• Call using the number above
• Contact us on our website
• Message directly through the live chat.

Learn More About Claiming For A Road Traffic Accident In Scotland

For more of our guides discussing personal injury claims:

• Accident at work claims
• Fall from a height claims
• Hand injury compensation claims

For more external resources:

• GOV.UK – Road Accident And Safety Statistics
• Think! – Road Safety Laws
• NHS – First aid

If you have any further questions about starting a personal injury claim for a road traffic accident in Scotland, please call an advisor on the number above.

Writer Jess Away

Editor Meg Murial