Motorbike Injury Compensation Claims in Scotland
Injured in a motorcycle accident that was not your fault? You may be able to claim motorbike injury compensation. Thompsons' personal injury lawyers have been helping Scottish motorcyclists claim the compensation they deserve for decades, and we work on a no-win-no-fee basis. We will guide you through the process, advise you honestly on the potential value of your claim, and do the legal work while you focus on your recovery.
Common motorbike injuries that lead to compensation claims
Compared to virtually all other road users travelling by motorised transport, bikers are at an increased risk of injury on the road. Injuries can extend from fairly mild bruising and ligament damage to potentially life-changing brain and spinal cord injuries.
The Institute of Advanced Motorists lists the following common motorcycle injuries:
- Head injuries: Although the rider has to wear a crash helmet, the brain could still be considerably damaged in an accident. Even a less severe crash can result in nausea, headaches or short-term memory loss, and a high-impact collision can result in catastrophic brain trauma, debilitating injuries and death.
- Eye injuries: The impact force can be great enough to cause serious eye damage and sight loss, due to the nerve and brain damage resulting from the movement of the head inside the crash helmet.
- Hearing damage: Noise exposure occurs from loud exhausts and from wind rushing past the rider's ears through the ventilation holes of the crash helmet — referred to as wind noise — and worsens over time.
- Spine and neck injuries: Contact with the road, other vehicles and road furniture can all produce major spinal injury. A high cervical injury can produce complete paralysis from the neck down, while lower spinal injuries impair limbs, mobility, and bowel and bladder control.
- Broken bones: Breaks to collarbones, shoulders and ribs are common, as is pelvis and spinal damage which are arguably some of the most serious injuries a motorcyclist sustains. The impact of a rider coming off the bike onto a limb can produce crush injuries to the point of amputation.
- Internal injuries : Collapsed lungs, blunt cardiac injuries, ruptured diaphragm, perforated spleen, liver damage and haematoma all pose serious risks to motorcyclists and are some of the major killers for bikers.
- Groin injuries: The momentum of a collision can shunt riders into the petrol tank or handlebars, causing fractures and damage to the bladder or genitals.
- Road rash: When a motorcyclist hits the ground, momentum often causes them to slide along the road surface. Mild road rash causes red abrasion and discomfort for a few weeks. Severe road rash can require exposure of the underlying tissue, occasionally right down to the bone, making it painful, prolonged to treat, and a permanent disfigurement.
Accidents happen more often to bikers than other vehicle drivers, and when they do, people tend to get more severely injured or killed. Motorcyclists represent approximately 20% of all road fatalities in the United Kingdom, despite constituting only a small fraction of road traffic.
If you or a family member have sustained an injury as a result of a motorbike accident such as soft tissue injuries, multiple injuries, brain injury, spinal injury or fatal injury, one of our injury lawyers can help. More detail on the types of injuries we handle is available in our common injuries section.
How is motorbike injury compensation calculated?
In Scotland, compensation for a motorbike injury is made up of general damages and special damages.
General damages are for pain, suffering and loss of amenity, the nature of the injury itself, how serious it is, what sort of recovery period is expected, and whether there are long-term or permanent issues. The courts use the Judicial College Guidelines, which provide brackets of compensation by type and severity of injury. An injury such as a minor soft tissue problem where the person makes a full recovery has to be compensated differently from a spinal injury that results in permanent disability.
Special damages cover the financial losses caused by the accident. This can include loss of earnings (both past and future), the cost of treatment and physiotherapy, travel to and from appointments, damage to your motorcycle and apparel, and any care you may have received from professionals or family. It is common for special damages to be the biggest part of your claim, especially when you cannot return to the same occupation.
In practice, what you will actually receive depends on a number of things: how serious and permanent the injuries are, how it has affected your employment and everyday life, the treatment you require in the future, and whether a pre-existing condition was aggravated by the incident.
How to claim motorbike injury compensation in Scotland
Scotland has a separate legal system from England and Wales. Our solicitors are Scottish personal injury specialists. To make a motorbike injury compensation claim, you should:
- Seek medical treatment immediately, even if your injuries do not seem serious at first. Some injuries, especially head and internal injuries, do not show symptoms right away.
- Gather evidence where possible such as photographs of the scene, your injuries, the damage to your bike and personal protective equipment; the other driver's details; witness names and contact details; and the police reference number if they attended.
- Consult a specialist solicitor. Our personal injury team can advise you whether you have a valid claim and provide details about what will happen. We work on a no-win-no-fee basis and you will not be charged unless you win.
In Scotland you have three years from the date of the accident to settle a claim, although there are separate rules for children and people without mental capacity. It is important to act quickly, as evidence can be lost or destroyed with time such as CCTV footage, witness recollections, medical records.
An accident on the roads can have implications that extend far beyond the injuries sustained. Expert legal and medical advice can help to relieve some of the practical and financial strain on you and your family while your claim is being processed.
Why choose Thompsons for your motorcycle accident claim?
We work only for claimants. We have never represented an employer or an insurer, and we do not plan to in the future. This means we have no conflicts of interest and always act solely in the best interests of our clients. Our solicitors have many years of experience with motorcyclists' personal injury claims in Scotland, and appreciate the risks riders face on the road.
David Adams, Equity Partner at Thompsons, puts it plainly:
David Adams
David Adams
"You only get one opportunity to pursue a claim for compensation arising from an accident, and you have to make sure that when you do that, you get the best possible agents." And he adds something worth remembering: "The compensation levels and values are all determined by the extent of the injury."
Not sure whether you can claim? Call us on 0800 0891 331 and we will give you straightforward advice, free of charge.
Frequently asked questions
It is really all about your injuries, and how they will affect your life. A few thousand pounds can be awarded for relatively minor soft tissue injuries. Much higher sums, well into six figures, are possible for more serious injuries such as brain damage, damage to the spinal cord, or loss of limbs. Each claim is assessed on its own merits and takes into account medical evidence and financial losses.
Courts have the Judicial College Guidelines, which list ranges of damages for different types and severity of injury. Your solicitor will obtain an independent medical report which will detail your injuries, your recovery and any lasting effects. This will form the primary evidence for calculating general damages.
Yes, most of them do. The vast majority of motorbike injury compensation claims are settled by negotiation with the other party's insurance company. If a settlement is not reached, your solicitor will take the claim to court, although this is relatively uncommon in practice.
In Scotland, the general limitation period is three years from the date of the accident. There are specific variations of the rules for someone claiming for a child or on behalf of someone who is mentally incapacitated. Our advice is always to claim as soon as you are able, so we can begin collecting evidence before memory fades.
You can. If someone else was also partly to blame, you could still be awarded damages but the amount may be reduced according to how much you contributed to the situation. This is called contributory negligence. Your solicitor will be able to tell you how this may affect your claim.
