This guide will explore when you could be eligible to make a personal injury claim for motorcycle injury compensation in Scotland. Road users owe one another a duty of care with regard to their safety while using the roads. If another road user, such as a driver, failed to uphold their duty of care, and this caused you to sustain harm in a motorcycle accident, it may be possible to begin a claim. We discuss the eligibility criteria that need to be met in further detail throughout our guide, as well as providing a more in depth look at the duty of care road users owe each other.

Additionally, we provide examples of motorcycle accidents and injuries, discuss how injuries are assigned a value when calculating settlements, and the evidence you could gather to support your case.

Finally, we discuss the benefits of working with a No Win No Fee solicitor and the terms under which they can provide their services.

For more information, please contact an advisor using the details provided below. When you get in touch, an advisor can answer your questions and offer free guidance on your next steps.

• Call on the number at the top of the page
• Contact us online
• Use the live chat feature below.

Choose A Section 

1. When Can You Claim Motorcycle Injury Compensation In Scotland?
2. How Could Motorbike Crash Injuries Be Caused?
3. Calculating Motorcycle Injury Compensation In Scotland
4. Evidence That Could Support A Motorcycle Accident Claim
5. Claim For Motorbike Accident Injuries With A No Win No Fee Solicitor
6. Learn More About Claiming Motorcycle Accident Compensation

When Can You Claim Motorcycle Injury Compensation In Scotland?

There are eligibility criteria that need to be met in order for you to have valid grounds to seek personal injury compensation following a road traffic accident.

Firstly, it’s essential to establish that you were owed a duty of care by another road user. Road users have a duty of care placed on them to use the roads so as to not cause harm or damage to others and themselves. In order to uphold this duty, they must adhere to the Road Traffic Act 1988 and the Highway Code.

Secondly, you must show that another road user breached this duty of care. Thirdly, you need to prove that the breach caused you to sustain a physical and/or psychological injury.

Together these points can lay the basis of negligence in personal injury claims. As such, if you can prove with evidence that negligence happened, you could be entitled to seek motorcycle injury compensation in Scotland.

How Could Motorbike Crash Injuries Be Caused?

There are several ways a motorcycle accident could occur and different injuries that could be sustained as a result. For example:

• A driver changes lanes without indicating and hits you from the side causing you to fall off your motorbike. As a result, you sustain a severe spinal injury.
• A driver operates their vehicle while they are intoxicated with drugs and alcohol. This causes them to crash into you head on. As a result, you sustain multiple serious injuries, such as brain damage, amputation and broken bones.

Not all motorcycle accidents will form the basis of a valid claim. As such, it might not always be possible to seek motorcycle injury compensation in Scotland.

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

Calculating Motorcycle Injury Compensation In Scotland

A personal injury settlement awarded following a successful claim could comprise the following heads of loss:

• General damages: Compensating for the pain and suffering of the injuries caused in the accident. This includes physical and/or mental injuries.
• Special damages: Compensating for the financial losses incurred as a result of the injuries sustained in the accident. For example, lost income, medical costs, and travel expenses could all be reimbursed if there is sufficient evidence to prove these losses. Evidence you could supply could include receipts, wage slips, invoices and travel tickets.

When calculating the value of general damages, solicitors can refer to any medical reports alongside the Judicial College Guidelines (JCG). The JCG lists several types of injuries with varying severities and corresponding guideline valuation brackets.

Whilst we have included these in the table below, you should use them as a guide only as they are not necessarily reflective of what you will receive following a successful claim. Also, the JCG is often used to value claims made in England and Wales.

Excerpt of Award Brackets

Injury Type	Severity	Notes	Guideline Award Brackets
Head	Moderately Severe	A very serious physical disability, such as limb paralysis, or a cognitive disability such as a significant impact on intellect and personality.	£219,070 to £282,010
Arm	Severe	Extremely serious injuries that just fall short of amputation and leave the person little better off than if they had completely lost the limb. Examples include a serious brachial plexus injury.	£96,160 to £130,930
Pelvis	Severe (ii)	A fracture dislocation of the pelvis which involves both ischial and pubic rami and causes impotence.	£61,910 to £78,400
Back	Severe (iii)	Disc lesions or fractures and soft tissue injuries that prompt chronic conditions which leave continuing severe pain and discomfort.	£38,780 to £69,730
Wrist	Complete Function Loss	An arthrodesis has been performed.	£47,620 to £59,860
Neck	Moderate (i)	Fractures or dislocations that cause severe immediate symptoms and may require surgery.	£24,990 to £38,490
Leg	Less Serious (i)	The person makes an incomplete recovery from fractures. This bracket also includes serious soft tissue injuries.	£17,960 to £27,760
Ankle	Moderate	Fractures and ligament tears which give rise to less serious disabilities such as instability on uneven surfaces, stairs or difficulty standing for long periods of time.	£13,740 to £26,590
Knee	Moderate (i)	Dislocations and torn cartilage causing minor instability or another mild future disability.	£14,840 to £26,190
Shoulder	Serious	Shoulder dislocation alongside damage to the brachial plexus that causes pain and aching.	£12,770 to £19,200

To discuss how motorcycle injury compensation in Scotland is calculated and what your payout could potentially include, please call an advisor on the number above.

Evidence That Could Support A Motorcycle Accident Claim

When seeking motorcycle injury compensation in Scotland, you should collect evidence to support your claim. Evidence can help prove liability and detail the injuries you experienced and how they have affected you. As such, you could benefit from gathering:

• CCTV or dashcam footage showing the accident.
• A diary of symptoms and treatments you needed.
• Copies of your medical records.
• Contact details for any witnesses that saw the accident.
• Photographs of your injuries and the accident scene.

If you choose to seek legal representation, a solicitor could assist you in gathering evidence to support your claim. They can also ensure it is brought forward within the correct time limit. Generally, this is usually three years from the accident date. However, exceptions can be made.

To learn more about how to build a strong case and how long you have to start your motorcycle accident claim, call an advisor on the number above.

Claim For Motorbike Accident Injuries With A No Win No Fee Solicitor

A No Win No Fee solicitor could potentially offer to work your claim under either a Speculative Fee Agreement or Damages Based Agreement. They can do so under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

Typically, when working under one of these agreements, you won’t be required to pay fees for the services they provide:

• At the beginning of your claim.
• While your claim is in progress.
• If your claim has a failed outcome.

If the case has a successful outcome, a success fee will be taken from your compensation. This is taken as a legally capped percentage.

For more guidance on how to seek motorcycle injury compensation in Scotland, please contact an advisor using the details provided below:

• Call on the number at the top of the page.
• Contact us online.
• Use the live chat feature below.

Learn More About Claiming Motorcycle Accident Compensation

Below, you can find more of our helpful guides:

• Learn when you could be eligible to claim for burns at work in Scotland and the process of doing so.
• Find out whether you could seek compensation for injuries sustained in a fall from a height caused by a third party breaching their duty of care.
• Discover how to claim for accidents at work in Scotland and the steps you could take to strengthen your case.

In addition, please find some helpful external resources below:

• Think! – Road safety laws
• GOV.UK – Road accidents and safety statistics
• NHS Inform – First aid

Thank you for reading our guide on when you could be eligible to make a personal injury claim and seek motorcycle injury compensation in Scotland. If you have any other questions, please don’t hesitate to contact an advisor using the details provided above.