Bike Filtering: Legal, Risky or Just Misunderstood?
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Is bike filtering legal? And if you’re hit while doing it, can you still make a claim?
Whether you’re a cyclist or motorcyclist, knowing your rights is essential.
Read on as we break down what the law says – and share what really happens when filtering leads to an accident.
What does bike filtering mean in Scotland?
Bike filtering means riding a bicycle or motorcycle between lanes of slow or stationary traffic, often to move ahead of congestion. Bike filtering is legal in Scotland for both cyclists and motorcyclists, provided it is done with caution, at low speeds, and in appropriate traffic conditions. As the name suggests, filtering is not one manoeuvre – you usually move out of the traffic stream and back, sometimes multiple times.
Filtering is one of the advantages that riding a bike can offer, but also one of the most common causes of road accidents involving cyclists and motorcyclists.
It can be controversial, as it’s often where other road users can disagree with bikers. Filtering can be dangerous when not done safely – or more commonly, if a road user doesn’t see a legally filtering cyclist or biker.
Is bike filtering legal in Scotland?
Yes, bike filtering is generally legal in Scotland, provided it is done safely. However, this doesn’t mean you should filter in any situation possible. Unfortunately, there are risks involved. Drivers can fail to see bikes at the best of times, and when filtering, they often find it even harder to see bikes.
Can cyclists filter through traffic in Scotland?
While the term “bike filtering” is typically used for motorcyclists, many cyclists are also legally entitled to pass between lanes or overtake stationary traffic. Crucially, cyclists must take care when overtaking and ensure it is safe and clear to do so. So long as filtering is done with care and in line with the Highway Code, cyclists can legally pass between vehicles in traffic.
Rule 160 of the Highway Code states that road users should:
“Be aware of other road users, especially cycles and motorcycles who may be filtering through the traffic.”
It also refers specifically to filtering and states:
“It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of a junction, at roundabouts, overtaking you or filtering through traffic.”
Ultimately then, filtering can be done legally and safely – but accidents do still occur.
Can I claim if I am hit while bike filtering?
Yes, you can still make a personal injury claim if you were filtering at the time of the accident, as long as it can be shown the other party was at fault or negligent.
But whether you’re riding a motorcycle or cycling, it’s important to be aware of the risk factors in these types of cases. Insurers and other road users can look unfavourably towards filtering – which means all aspects of the case must be investigated thoroughly by a trained solicitor.
One factor it often comes down to is the difference in speed between the bike and the vehicle you are passing. The Highway Code’s guidance on keeping speed low might seem straightforward enough – but what is considered low speed on a motorway can be very different to a city centre or high street.
On the other hand, in some cases, additional contributing factors can lead to shared liability or reduced compensation. It’s important to note here – this shouldn’t stop you from making a claim, but it could reduce the amount of damages you’re awarded in a final settlement.
Who is legally at fault in a bike filtering accident?
Fault in a filtering accident depends on whether the manoeuvre was legal, safe, and expected by other road users.
Whilst the Highway Code is guidance and not legislation, it is considered alongside the law by the Court in cases concerning filtering. It’s guidance for filtering states,
“When filtering in slow-moving traffic, take care and keep your speed low.”
If you’re legally filtering through traffic, then it’s the responsibility of other drivers to make sure they don’t change lanes or attempt a manoeuvre in a way that will cause an accident. This is especially evident in the 2022 changes to the Highway Code which introduced the “hierarchy of road users,” placing increased responsibility on drivers to avoid harming more vulnerable road users, such as cyclists and motorcyclists.
Nonetheless, considerations must be taken and there are grey areas to think about. Most motorists are generally not expecting to be undertaken. And whilst motorists are required to check their mirrors before setting off, a cyclist is relying on the good faith of their fellow motorist to do so.
Real life cases where filtering had an impact
In 2017, our client, Robert, was riding on his bike in a cycle lane during busy rush hour traffic. He was filtering on the left past stationary traffic, approaching a junction when the third-party vehicle crossed his path. Robert swerved in an attempt to avoid injury, collided with the car and being knocked off his bike into the road. He sustained injuries to his chest and ribs and was off from work for 4 weeks.
The defenders did not admit fault and argued that Robert shouldn’t have been filtering at the junction. We argued that Robert was using a designated cycle lane which was clear ahead of the junction, so he was legally entitled to filter. After an aggressive and long period of negotiations, the case was settled at a 50/50 split of liability.
Robert’s case was a prime example where filtering can potentially lead to a contentious case, so it’s crucial to be mindful of the risks.
Top 5 Tips For Safe Filtering
To help protect yourself on the road, here are our top five safety tips for filtering on a motorcycle or bicycle:
1. Filtering is riskier at night and in bad weather conditions – avoid whenever you can.
2. For motorcyclists, adopting a relaxed riding position increases your reaction time and helps to combat rider fatigue.
3. In the same way we expect drivers to be on the lookout for filtering bikes, bikers also need to be on the lookout for crossing pedestrians.
4. While filtering, look out for subtle signs of a vehicle’s impending decision to make a move – e.g., looking left or right, looking in mirrors, etc.
5. Overall, expect the unexpected! And if you spot a hazard, don’t become target obsessed.
In conclusion
Like any case, success or failure will hinge on its particular circumstances. No two cases are the same, but the experience we’ve gained from representing countless injured cyclists and motorcyclists over the years can help counter the common arguments used against bikers in cases involving filtering across Scotland.
Headed by Stephen Hay and Danny Thomson, we have a dedicated motorbike and cycling team who will investigate the matter to our fullest ability and ensure you have the best legal advice, the best evidence, and the best chance at getting a fair outcome for your case.
If you’ve been injured in a cycling or motorcycle accident through no fault of your own, we urge you to contact us.
Whether you’re seeking advice or want to make a claim, our team at Gildeas Solicitors has decades of experience handling personal injury claims for riders involved in filtering accidents across Scotland.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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National Dash Cam Day 2025: Why You Shouldn’t Drive Without One
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National Dash Cam Day falls on 4 August, giving us the opportunity to spotlight how dash cams and helmet cameras are improving road safety across the UK.
With millions of motorists and cyclists now using recording devices, these cameras are becoming an increasingly important tool for deterring dangerous driving and supporting legal claims after an accident.
What Is a Dash Cam?
A dash cam is a compact video camera mounted to a vehicle’s dashboard or windscreen. It records everything that happens on the road ahead and sometimes behind.
Helmet cameras, commonly worn by cyclists and motorcyclists, serve the same purpose but from the rider’s point of view. They are particularly useful for vulnerable road users who can face greater risks on the road.
Dash Cam Use Is at Record Levels
UK roads are seeing a surge in dash cam usage. According to the National Dash Cam Safety Portal:
• Over 24,000 reports were submitted to police using dash cam footage in the first half of 2024
• More than 135,000 motoring offences have been reported through the portal since 2019
• In 2023, dash cam and helmet cam footage submissions increased by 30%
• Nearly 70% of footage submissions led to police action, from warnings to prosecutions
These numbers show the growing trust the public places in dash cam footage as a reliable form of evidence.
Why More Drivers Are Installing Dash Cams
Research by UK dash cam manufacturer Nextbase reveals that 70% of British drivers believe dash cams should be standard in all vehicles. The reasons are clear:
• They help prevent dangerous driving by making road users more accountable and offer clear evidence in the event of an accident
• Some insurers reduce premiums for drivers who use dash cams
Many motorists also report feeling safer knowing their journeys are being recorded.
Proving Fault After a Collision
When an accident occurs, dash cam footage can be vital for proving what actually happened. It is especially useful when there are no independent witnesses, when drivers give conflicting accounts, or when an incident occurs in areas without CCTV.
Solicitors and police increasingly rely on dash cam footage to establish fault more quickly and fairly, which can lead to your claim settled faster and more successful prosecutions.
Helmet Cameras Help Protect Cyclists and Motorcyclists
Riders are often more seriously injured in collisions compared to car drivers. Helmet cameras give them a way to document incidents from their perspective.
In many cases, this footage may be the only available evidence of how a crash occurred, especially in areas with no witnesses or security cameras. Helmet cams are proving particularly valuable in urban areas, where close passes, dooring incidents and aggressive driving are more common.
How Dash Cam Footage Supports Personal Injury Claims in Scotland
At Gildeas Solicitors, we understand how vital clear evidence can be when pursuing a personal injury claim following a road traffic accident. Dash cam footage is increasingly playing a central role in helping our clients across Scotland secure fair compensation.
Whether you’re a driver, cyclist, or pedestrian, dash cam footage can help demonstrate exactly what happened during an incident. This is particularly useful when there are no independent witnesses, or where the parties involved give conflicting accounts.
In personal injury claims, it is crucial to establish who was at fault. We routinely request dash cam or helmet cam footage from clients and police reports. When necessary, we also work with accident reconstruction experts to review the footage in detail.
This evidence can make a significant difference in claims involving:
• Serious injury or long-term recovery needs
• Lost earnings due to time off work
• Access to specialist medical treatment or rehabilitation
• Bereavement or psychological trauma following a fatal collision
Dash cam footage can provide the clarity and confidence needed to move a case forward, particularly in situations where liability is disputed.
As a firm with decades of experience representing clients throughout Glasgow, Edinburgh and across Scotland, we know how important strong evidence can be in a case.
If you’ve been involved in an accident and believe dash cam footage may help, we encourage you to contact Gildeas Solicitors as early as possible so we can begin gathering the necessary information.
Final Thoughts
While dash cams can’t prevent all accidents, they are helping to change driver behaviour. Knowing that reckless driving could be recorded and reported is encouraging more drivers to think twice before taking risks.
National Dash Cam Day is a reminder of just how important dash cams and helmet cameras have become on UK roads.
They help hold dangerous drivers to account, provide essential evidence in legal claims, and support a growing culture of responsibility and safety among road users.
Whether you’re behind the wheel or on two wheels, a dash cam could prove to be one of the most valuable tools you invest in this year.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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Injury Awareness Week: Beyond The Statistics
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In the UK, more than half a million workers were injured at work in 2023/24 – and that’s just the ones we know about. Someone else’s negligence can have a life-changing impact for you or someone you love. No one is immune to its impact.
Injury Awareness Week 2025 aims to raise awareness and give insight into the impact of needless injuries on victims and their families. The campaign is run by the Association of Personal Injury Lawyers (APIL), a national organisation working to make a difference for injured people across Britain.
Read on as we highlight how the APIL is building support that strives to minimise the impact made on all victims of negligence in their vital campaign.
Why We Need Injury Awareness Week 2025
The APIL’s mission is for a future without needless injuries. We can’t pre-empt every single accident, but injuries caused by someone else’s negligence can and should be prevented. During this week, we ask people to consider the often catastrophic impact of avoidable injuries, as well as thinking about what we all can do to prevent people from being injured in the first instance.
Protecting Your Bodily Integrity this Injury Awareness Week
This year’s focus is on bodily integrity. Matthew Tuff, President of the APIL explained,
“Bodily integrity is a fundamental human right. Your body is the only body you will ever have. It’s with you from your beginning until your end – so you should have authority over what happens to it. An injured person loses that.”
This Injury Awareness Week, we’re emphasising the importance of protecting bodily integrity for individuals who have suffered injuries due to negligence. Alongside suffering from physical symptoms of their injuries, victims can often feel that their bodily integrity has been violated.
Injury Awareness Week and the role of the law
The law ensures that everyone is protected from any harm or interference against their body without their consent. We can thank laws such as the Health and Safety at Work Act 1974, and the Damages (Scotland) Act 2011 for their part in ensuring we feel safe at work and beyond.
But we know from statistics that not all employers adhere to the law. Injuries caused by negligence are imposed on people, stripping them of the autonomy they should have over their own bodies.
Personal injury law provides compensation so that injured victims of negligence can rebuild their lives as best they can. That’s where we come in.
Building beyond Injury Awareness Week
This Injury Awareness Week 2025, we want to encourage everyone to be conscious of the impact of preventable injuries. At Gildeas Solicitors we’ve seen countless preventable accidents resulting from negligence, whether it be from inattentive drivers, employers, in a clinical setting, or in a public place.
The outcome remains the same – a person’s life has been turned upside down, and maybe had its course altered forever, because someone else did not take proper care.
Injuries caused by negligence can be prevented, but it takes a collective effort and a commitment to safety. At Gildeas, we’re proud to champion this cause and strive towards a future where people feel safe – inside and outside of the workplace.
This Injury Awareness Week 2025, let’s not just acknowledging the devastating impact of injuries caused by negligence – but let’s also inspire change, and foster a culture of care and prevention. All of us have a role to play in making people feel safer so this week, lets commit to making safety a priority.
Need legal advice after an accident?
Our team of specialist personal injury solicitors have been successful in winning accident claims and supporting clients across Scotland for more than 30 years. We can help provide expert, jargon-free legal advice – securing the justice and the compensation you deserve
If you or someone you know has been involved in an accident caused by someone else’s negligence, contact us today.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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World Bicycle Day: Time For A Truce?
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Each year, World Bicycle Day gives us the chance to celebrate the many benefits of cycling – from improved health and reduced congestion to cleaner air and more liveable cities. But it’s also a moment to reflect on how we can foster better relationships between cyclists and other road users.
In 2025, that reflection is more important than ever.
Scottish Road Safety Data reported that from 2018 – 2022, there were 2,850 casualties from accidents involving cyclists.
Despite recent updates to the Highway Code, the roads are still fraught with confusion, frustration, and sadly, too often, conflict. The key to improving safety and harmony on our roads lies in mutual respect, education, and legal reform – supported by a clear understanding of the rights and responsibilities we all share.
Understanding Each Other’s Perspective
As ultra-cyclist Mark Beaumont recently noted in a radio interview, much of the current discourse around road safety is unhelpfully divisive. Cyclists using cameras to document close passes and dangerous driving is understandable – and in many cases vital for evidence. But when these clips are posted online, they can sometimes fan the flames of animosity rather than encourage change.
He asked an important question: “Do you just post hate and take a stance, or are you actually addressing the information?” His point is a crucial one. Whether behind the wheel or the handlebars, we must prioritise constructive conversations over condemnation. Most cyclists also drive. Many drivers cycle. We all want safe roads for ourselves, our families, and our communities.
The Highway Code: More Than Just Rules
The 2022 revisions to the Highway Code introduced a hierarchy of road users, placing the greatest responsibility on those with the potential to do the most harm. This includes crucial guidance on safe overtaking distances, giving way to pedestrians at junctions, and allowing cyclists to ride in the centre of a lane when it is safer to do so.
Yet public awareness of these changes remains dangerously low. A recent report co-commissioned by the Bikeability Trust revealed that only 70% of drivers believe that ‘cyclists have equal rights on the road as drivers’. This lack of understanding creates tension and confusion on the roads – and leaves vulnerable road users at increased risk.
Why We Need Presumed Liability
Chris Boardman, Olympic champion and cycling policy advisor, is one of many advocates petitioning for the UK to introduce presumed liability in civil law – a system already in place in many European countries. Under such a system, when a crash occurs between a driver and a cyclist, the motorist is presumed to be at fault unless proven otherwise.
Presumed liability helps reflect the principle of causative potency – the legal recognition that motor vehicles have a far greater potential to cause harm than bicycles or pedestrians.
It’s important to note – this doesn’t mean motorists are always to blame, but rather that the responsibility to take extra care lies more heavily with those operating heavier and faster vehicles.
Real-life cases show how the courts already account for this. In a collision between an HGV and a cyclist, for example, the driver was found to be 70 per cent responsible despite the cyclist’s own actions contributing to the crash. The rationale? The sheer size and danger of the vehicle meant the consequences of a mistake were far more severe.
Introducing presumed liability in law would reinforce this principle, make it easier for injured cyclists to seek justice, and encourage all drivers to adopt a more cautious approach around vulnerable road users.
Cultivating Safer Roads Through Empathy and Action
So how do we create safer, more harmonious roads?
The answer lies partly in education – not just for cyclists, but for all road users. There is still widespread misunderstanding about why cyclists take the lane, filter through traffic, or choose not to use poorly designed cycle lanes. Meanwhile, myths like “cyclists don’t pay for roads” continue to sow division.
We must also be willing to look beyond individual behaviour and towards systemic change. The upcoming Government Road Safety Strategy offers a golden opportunity to invest in safer infrastructure, introduce presumed liability, and promote better driver training.
Here are a few essential reminders for road users:
- Give space: Highway Code Rule 163 recommends giving cyclists the same passing room as a car – ideally at least 1.5 metres.
- Respect positioning: Cyclists often ride away from the kerb or even in the centre of the lane for safety, not stubbornness.
- Communicate clearly: Signal your intentions, check mirrors, and be mindful of cyclists filtering through traffic or approaching from behind.
- Stay calm: Most ‘anger’ from cyclists is fear – a natural reaction when one’s physical safety is at risk.
- Avoid assumptions: Just as not all drivers speed, not all cyclists jump red lights. Let’s avoid generalisations and focus on courtesy.
How Gildeas Solicitors Can Help
At Gildeas Solicitors, we understand the vulnerability cyclists face on the roads. Our specialist personal injury team has extensive experience helping injured cyclists seek compensation and justice after road traffic accidents.
We take into account the principle of causative potency when evaluating cases and are proud to support efforts to make the roads safer for everyone. If you’ve been injured while cycling, we’re here to help you understand your rights and explore your options for a claim.
We believe in roads that work for everyone – where children can ride safely to school, commuters can cycle to work confidently, and all road users can travel harmoniously.
Contact us today for expert legal advice and support if you or a loved one has been involved in a cycling accident.
Celebrate World Bicycle Day with peace of mind, knowing that if an accident occurs, you have a dedicated team ready to support you.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070. </span</p
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What the Law Says About Motorbike Safety in 2025 - And Why It Matters
Riding a motorbike offers a sense of freedom and control that few other modes of transport can match. But with that freedom comes risk, especially in Scotland, where winding roads, unpredictable weather and rural traffic all present unique challenges for riders.
Motorbike Safety Awareness Month 2025 serves as a reminder not only to check your bike and riding habits but also to understand how the law is evolving to protect you. From tougher penalties for careless drivers to new legal protections for vulnerable road users, the landscape is changing.
In this blog, Gildeas Solicitors outlines what every motorcyclist in Scotland needs to know about recent and upcoming legal changes and how they can affect your rights and motorbike safety on the road.
Stronger Penalties For Dangerous Driving
In response to growing concern over road safety, the courts now have greater sentencing powers. Drivers who cause death by dangerous driving can face life imprisonment. Serious injury by careless or dangerous driving now carries heavier penalties than ever before.
Why it matter for bikers:
Motorcyclists are among the most vulnerable road users. When a crash is caused by someone else’s recklessness, it is vital that the law delivers justice. These tougher penalties reflect the seriousness of the consequences for bikers and their families.
Highway Code Updates Offer More Protection
The 2022 update to the Highway Code introduced a hierarchy of road users. This places a higher level of responsibility on those operating larger and potentially more dangerous vehicles.
Motorcyclists, along with cyclists and pedestrians, are now considered priority users. Drivers are required to give greater space when overtaking and must give way to motorcyclists at junctions.
Why it matters for bikers:
These changes are aimed at reducing the number of common accidents involving motorcyclists. However, they rely on other drivers knowing and respecting the rules.
If you are injured because someone ignored them, you may be entitled to make a claim.
Focus On Advanced Rider Training
While Compulsory Basic Training (CBT) remains the legal entry point for riding, there is increasing encouragement for motorcyclists to undergo further training.
Police Scotland continues to promote Rider Refinement courses, especially in areas with high collision rates such as the Highlands, Argyll and Bute, and the Borders. Refresher training is also recommended for returning riders, particularly those over 35.
Why it matters for bikers:
Ongoing training not only makes you safer but can also help support your case in the event of a crash. It demonstrates responsible riding and reduces the risk of fault being unfairly assigned to you.
Use of Camera Footage in Legal Claims
Helmet cameras and dashcams are becoming standard equipment for many riders, and for good reason. The footage is increasingly accepted in Scottish courts as valid evidence in both criminal and civil cases.
Why it matters for bikers:
Video footage can make all the difference when liability is disputed. At Gildeas, we work with clients to gather and present this type of evidence effectively, helping to build a stronger case.
Debate Around Presumed Liability
While not yet in effect, there is growing support across the UK for a presumed liability system. This would place the responsibility on drivers to prove they were not at fault when colliding with a vulnerable road user such as a motorcyclist.
Similar laws exist in several European countries and are designed to improve safety by increasing driver awareness.
Why it matters for bikers:
Although still under discussion, the introduction of such a policy would significantly strengthen a motorcyclist’s legal position in the aftermath of an accident.
Gildeas Solicitors - Legal Support That Understands Riders
At Gildeas, we understand the challenges that bikers face both on the road and in the legal system. If you are injured in a motorcycle accident, it is important to work with a legal team that not only understands the law but also understands motorcycling.
We can help with:
- Access to medical experts and rehabilitation specialists
- Coordination of evidence, including camera footage and witness statements
- Support for vehicle and home adaptations if needed
- Pursuit of full compensation for injuries, lost income and care costs
We’ve helped clients recover millions of pounds in compensation after life altering accidents. Whether your injury is minor or severe, we are here to fight for what you deserve.
If the worst happens, we're here
Motorcycle Safety Awareness Month 2025 is not just about checking your tyres or wearing high visibility clothing. It is also about staying informed. The law is changing and in many ways, it is starting to work more in favour of riders.
Understanding your rights and responsibilities can help you ride more safely and confidently.
And if the worst does happen, knowing where to turn for legal support can make all the difference.
Need Legal Advice After a Motorbike Accident?
If you or someone you know has been involved in a motorcycle accident, contact Gildeas Solicitors today.
We offer expert legal advice tailored to riders and can help you get the compensation and support you deserve.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
Advocacy Meets Empathy: Our Role This Mental Health Awareness Week
Mental Health Awareness Week takes place from 12th – 18th May 2025. The annual event was created more than 20 years ago by the Mental Health Foundation to bring the UK together to focus on mental health.
Their report, The State of the UK’s Mental Health found that nearly two thirds (65%) of people in Scotland say they have experienced a mental health problem, and more than 4 in 10 people say they experienced depression.
To mark Mental Health Awareness Week, Gildeas Director Emma Thomson discusses the impacts an accident can have on our client’s mental health, and the support available for those affected.
Recognising the effects of mental health
As a certified trauma-informed personal injury solicitor, Emma represents individuals who can come from all walks of life. She said, “Trauma comes in different shapes and sizes, and can impact each of us in different ways. It can arise from their accident, or an unrelated trauma - past or present.”
Many of our clients seek support from Gildeas having experienced a traumatic accident or life event, and some may go on to receive a specific diagnosis. Below we cover some of the conditions often seen in personal injury cases.
Anxiety and depression
Physical injuries often lead to unexpected lifestyle changes such as a loss of mobility and loss of independence. This can lead to feelings of hopelessness and sadness, which can escalate into clinical depression.
Depression is typically thought of as experiencing low mood, but it can also look like feelings of irritability, anger, or feeling ‘numb.’ Many clients also report physical symptoms of poor concentration and memory, trouble sleeping, or reduced appetite.
The fear of re-injury or general anxiety about safety can become overwhelming after an accident. Anxiety can manifest as panic attacks, obsessive worrying, or avoidance behaviours such as avoiding using the car or going near the location of the accident.
Trauma-related psychological injuries and PTSD (Post-traumatic stress disorder)
Mental health charity MIND define trauma as “When we experience stressful, frightening or distressing events that are difficult to cope with or out of our control.” Significantly, the effects of trauma can be long-lasting, and can remain well after the physical effects of an accident have passed. This can sometimes develop into post-traumatic stress disorder (PTSD).
PTSD UK estimate that around 1 in 10 people go on to develop PTSD at some point in their lives, and list road traffic accidents as one of the most common examples of a traumatic event. Their studies show that about 25-33% of people involved in a road accident may develop PTSD within 30 days. Symptoms may include intrusive thoughts, nightmares and flashbacks, avoiding reminders of the trauma (such as avoiding driving or getting into a vehicle), low mood or disassociation, difficulty sleeping, and being constantly on edge (hypervigilance), and more.
Adjustment disorder
Following an accident, people often struggle to adapt to new circumstances, whether it’s from reduced mobility or ongoing pain. This emotional difficulty can be classified as an adjustment disorder. This is usually seen as less severe than PTSD. For example, the symptoms may be temporary and start to ease as the client recovers from their physical injuries. Symptoms can include low mood, trouble sleeping, anxiety, and avoidance behaviours.
Somatic symptom disorder
Somatic symptom disorder (SSD) occurs when a person feels extreme, exaggerated anxiety about physical symptoms which can interfere with their daily functioning. This can occur even when there has never been an underlying physical injury, or when the original physical injury has resolved but symptoms persist.
SSD is complex and can be difficult to diagnose, as although the pain they experience is very real, those with SSD can be unaware of the psychiatric nature of their symptoms.
Advocating for recovery, not just compensation
We believe that legal representation should be tailored to your needs, which is all the more important in clients who may have experienced trauma. We have a number of practices designed to support claimants with compassion and clarity.
We offer the right person for your case
With certified trauma-informed solicitors in our legal team, we understand how to approach sensitive conversations with care, and create a safe, respectful environment for each and every client.
We ask the right questions
We aim to collect the information we need to pursue your case whilst ensuring your wellbeing is at the heart of what we do. Gildeas Director, Emma Thomson said, “I’m honest and up front with clients about what information I and others need from them, and I offer them a choice in how they provide this information. For example, I’ll explain clearly at the onset that a meeting, medical examination, or court appearance could be a difficult experience for them. I explain how long it might last and offer, where possible within my control, the option to pause or arrange a further time to discuss.”
We refer you to the right experts
We work closely with medical professionals and mental health specialists to ensure your psychological needs are recognised in your claim. We’ll always endeavour to signpost you to the correct tools or support organisations to help you look after yourself, which may include medication, cognitive behavioural therapy (CBT), further counselling, or a combination of these to help support your recovery.
We offer the right strategies
Managing claims can be even more challenging for those with mental health symptoms, and no one’s experience of trauma is ever the same. We offer greater flexibility and control to help reduce stress during the process.
Emma explained, “I adapt to the individual clients and understand that their needs will differ depending on their circumstances. For example, offering clients a choice on the location, format, or timing of meetings. I also consider if I need to make alternative arrangements for obtaining evidence from them. For example, do we need to arrange another time to take their evidence, or should it be done over multiple meetings. I hope by giving control to clients, it minimises the risk of re-traumatisation.”
Other services, such as:
- Childminding
- Looking after pets
- Gardening
- DIY and home maintenance
- Driving. This includes mileage and parking. Again, this would only be for anything related to your injuries. For example, if you needed picked up or dropped off at doctors/hospital appointments.
What you can do
Our clients have a part to play when recognising their own mental health needs. For example:
Communicate with us
Many people still feel a stigma around mental health which can discourage them from discussing it. We understand that we may be the first person you’ve opened up to, and you might be embarrassed to do so. Whilst we understand that talking about parts of your claim could be traumatic, it’s important to be upfront about your symptoms so we can support you effectively as your legal advisor.
A crucial factor is being open about what kinds of support you may need. Please tell us if there are adjustments we can make, e.g., meeting in a different format, or giving evidence in a different way.
Understand and manage your expectations of the claim process
For some claimants, receiving financial compensation might feel like an underwhelming conclusion rather than the closure or justice they had hoped for.
That’s why it’s so important for clients to understand and manage their expectations – for example, start by checking our FAQs or services pages for further information on the process.
We aim to be clear about what a personal injury claim can - and cannot - achieve. We’ll always explain the process to the best of our ability – ensuring you know what it involves, what we require from you, and what the ultimate outcome may be.
Conclusion
At Gildeas, Mental Health Awareness Week is a chance to highlight the often-overlooked emotional impact of personal injury. We’re committed to supporting our clients with empathy, understanding, and practical solutions that recognise the full scope of their recovery. Whether it’s adapting how we work, offering access to expert mental health support, or simply making space for honest conversations, our goal is to make the legal process more manageable.
This Mental Health Awareness Week, we encourage anyone impacted by injury to reflect on their wellbeing, reach out for support, and know that you don’t have to face the process alone. Your story matters, and we’re here to listen.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
Top 5 Motorcycle Accidents - And How To Avoid Becoming A Statistic
Motorcycle Safety Awareness Month 2025 is a timely reminder that, while the thrill of the open road is part of what makes motorcycling so appealing, the risks are very real, especially here in Scotland.
According to a recent report by Police Scotland, there were 269 motorcycle accidents resulting in deaths between 2015 and 2024. Alarmingly, motorcyclists represent 18% of all road fatalities, despite making up less than 1% of all traffic.
The majority of those killed were men aged 46 to 55, and the most common causes were cornering on left hand bends and overtaking. These are not just statistics. They are people, riders, fathers, husbands, brothers.
At Gildeas Solicitors, we’ve worked with countless motorcyclists and their families after life-changing collisions. Here, we explore the five most common types of motorcycle accidents in Scotland and how to avoid becoming one of the numbers.
1. Cornering on left-hand bends
Why it happens:
Tight rural bends, poor visibility, gravel, wet surfaces. These are common hazards across Scotland, particularly in areas like the Highlands, Argyll and Bute, and the Borders, where many of the country’s fatal motorbike crashes occur.
How to avoid it:
- Slow down before entering the bend, not while you are in it
- Position correctly to improve your line of sight
- Look ahead, not down
- Don’t let adrenaline override judgement
2. Overtaking gone wrong
Why it happens:
Impatience, misjudging distance or speed, and limited visibility on narrow Scottish roads can all lead to catastrophic outcomes when overtaking.
How to avoid it:
- Only overtake when absolutely safe and legal
- Avoid overtaking near junctions or bends
- Use your headlights and horn when appropriate to increase visibility
3. Loss of control
Why it happens:
From poor road surfaces to sudden weather changes, many riders lose control due to unpredictable conditions, particularly in remote or rural parts of Scotland.
How to avoid it:
- Keep your bike well maintained, especially tyres and brakes
- Attend a rider refinement course or refresher training such as those provided by RoSPA
- Adjust your speed and riding style to suit the road and weather
4. Failure to be seen
Why it happens:
Motorcyclists are easy to miss, particularly in a car's blind spot or at junctions. As more bikers take to the roads between spring and autumn, this becomes a bigger issue.
How to avoid it:
- Wear high visibility clothing
- Always use your headlights, even during the day
- Avoid sitting in a driver’s blind spot for extended periods
5. Cars pulling out of junctions
Why it happens:
One of the most common and devastating scenarios is a car pulling out into the path of a motorcycle because the driver “did not see them.”
How to avoid it:
- Slow down when approaching junctions
- Make yourself more visible by weaving slightly in your lane
- Always be ready to brake or swerve defensively
What do Police Scotland say on motorcycle accidents?
Chief Superintendent Hilary Sloan, Head of Road Policing, stated:
“Motorcyclists are one of the most vulnerable road users. Cornering left hand bends and overtaking are the most common collision types. We do not want motorcyclists to die on Scotland’s roads. The reality is people are dying and we need people to take action.”
Police Scotland’s campaign is a call for all road users to take responsibility. But as motorcyclists, the onus is on us to ride smarter, safer, and more defensively, especially during peak riding months.
If the worst happens, we're here
Even with the best preparation, accidents happen. When they do, Gildeas Solicitors are here to help. We specialise in representing motorcyclists involved in serious road traffic accidents, offering:
- Expert legal advice.
- Access to medical and rehabilitation specialists.
- Support with adapted vehicles, property and equipment.
- Pursuit of maximum compensation to cover loss of income, care costs, and more.
We understand bikers, and we know the devastating impact a collision can have, not only physically, but emotionally and financially. If you’ve been injured, or someone you love has, don’t face it alone.
Take action this Motorbike Safety Awareness Month
Use this month to check your gear, sharpen your riding habits, and remind yourself of the risks.
Share this blog with fellow riders and play your part in reducing motorcycle deaths in Scotland.
Need Legal Advice After a Motorbike Accident?
If you or someone you know has been involved in a motorcycle accident, contact Gildeas Solicitors today. We offer expert legal advice tailored to riders and can help you get the compensation and support you deserve.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
How I Survived a Motorcycle Accident and Rebuilt My Life: Motorbike Safety Awareness Month
May marks Motorbike Safety Awareness Month. It is a time to reflect on the freedom and risks associated with riding. It is also an opportunity to share real stories that highlight the importance of rider safety and the life-changing consequences of a serious accident.
For Paul Allum, a retired medical physics engineer and lifelong motorbike enthusiast, one ride changed everything. His story is one of survival, recovery, and the critical importance of legal and medical support after a devastating collision.
The Day Everything Changed
In 2023, Paul was in Scotland for a 60th birthday celebration when tragedy struck. A severe motorcycle accident left him with multiple injuries including fractured vertebrae, broken ribs, and numerous breaks in his arms and legs. The injuries were so severe he was placed in an induced coma.
Paul was rushed to the Queen Elizabeth University Hospital in Glasgow, a leading facility for spinal trauma. He remained there for three months receiving intensive care. Sadly, spinal injuries like Paul’s are all too common among motorcyclists, especially when crashes occur at speed or on rural roads.
A Long Road To Recovery
Recovery was far from easy. Paul faced life with complete paralysis from the chest down, along with limited use of his right arm. For anyone, this would be a monumental adjustment. For someone as active and independent as Paul, it was life-altering.
The support of his family and legal team became essential. Director Stephen Hay of Gildeas Solicitors visited Paul in hospital, working closely with both him and his loved ones to ensure everything was in place, including interim financial support and specialist medical assessments.
Adapting To A New Life
Once stable, Paul was moved to a care facility closer to home in the southeast of England. But life would never be the same.
His family home required extensive adaptations. At 6 feet 7, Paul needed a custom wheelchair and specialised equipment for mobility and care. A new accessible home was found with enough space for his family and a live-in carer. Gildeas Solicitors secured interim payments from the third party’s insurer to cover home modifications, a specially adapted van, and long-term care arrangements.
The Value of Legal Support
Thanks to expert handling of his case, Paul received a settlement of £5.9 million. Whilst no amount of money can undo what happened, the compensation provides Paul with financial security, ensuring that his care, housing, transport, and quality of life are protected for the future.
“Stephen assisted at all stages in my recovery,” Paul said. “From arranging experts to helping find a suitable property, to just being there when I needed advice. I’m now looking forward to going home with my family.”
Motorbike Safety: Lessons From Experience
Paul’s story is a sobering reminder of how vulnerable motorcyclists are. According to Police Scotland:
- Motorcyclists make up just 1% of road users in Scotland, but account for approximately 14 percent of all road deaths.
- In 2023, there were 26 motorcycle fatalities. This figure has remained relatively unchanged over the past 30 years, even as fatalities among other road users have decreased.
- The majority of motorcyclist casualties are men, with the most common age range being 46 to 55.
- Loss of control is the most frequent contributory factor in motorcyclist collisions, often occurring in rural areas, particularly on weekends.
We're Here If You Need Us
At Gildeas Solicitors, we specialise in supporting injured motorcyclists and their families through some of the most difficult times in their lives.
If you or someone you know has been involved in a motorcycle accident, speak to our team today. The right legal advice could make all the difference.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
Claiming Compensation for Care: What Every Injured Person Needs to Know
If you’ve been injured in an accident, it’s likely you were unwell and needed assistance from a loved one whilst you recovered. Thankfully, the law in Scotland allows relatives to claim compensation for the time they spent assisting you.
Read as we explain how it all works, and how we can help you factor this into your personal injury claim.
What does the law say?
The concept of claiming damages for help from loved ones may seem strange. But if it weren’t for them, we would likely have to hire carers to look after us during our recovery. It’s on this basis that the law provides a way to compensate our loved ones for their assistance.
It’s important to know that this type of compensation cannot be made on its own. It can only be made as part of a personal injury claim by you, the injured person.
A key part of the law
The specific law is called the Administration of Justice (Scotland) Act 1982, making it now over 40 years old. As it was written some time ago, the wording of the law specifies that only help from relatives of the injured person can be claimed for.
This unfortunately means only spouses, civil partners, children, and other family members are included. So, if you received help from a flatmate, neighbour, friend, or someone else unrelated to you, you would be unable to make a services claim.
However, the law is constantly evolving, and in December 2024, recommendations were made to reflect our more modern society and expand the definition to include non-relatives. Hopefully, we’ll see the scope of the law increase in the near future.
What are the two types of services claims?
The law gives us the option to make a claim for two different types of services.
1. Help you received from others
This type of claim is for the care and assistance your loved ones gave you, typically from the day of the accident until you were recovered.
It’s important to know that you can only claim for help given due to your injuries. For example, if you’d broken your leg in an accident and needed assistance getting dressed or doing housework – we could make a claim for this.
But, if you wanted to claim for help with making meals, but your partner is the person who usually cooks in your house – we would not be able to make a claim for this, since it wasn’t impacted by your accident.
Still unsure? Your solicitor will be able to advise what you can and cannot claim for. It’s always best to discuss any queries you have regarding your case with them.
2. Help you would have given to others
This part of the law allows you to claim for the value of services you were providing to a relative but are now unable to due to your accident. This could be for things like gardening, DIY, and home decorating. For example, if you were helping your daughter redecorate a bedroom, we would be able to make a claim for this.
It’s important to know that a services claim only relates to the ‘labour’ part, i.e., the time you would have spent helping out. We cannot make a claim for anything else, e.g., materials.
What are some examples of things included in service claims?
It’s useful to have an idea of what could be included in a services claim. For example:
Domestic and household chores, such as:
- Cooking
- Cleaning, e.g. doing laundry, washing the dishes, etc
- Grocery shopping
Personal care, such as:
- Bathing and showering
- Getting in and out of bed
- Help dressing and undressing
- Washing drying, and styling your hair
- Intimate hygiene needs, such as using the toilet
Other services, such as:
- Childminding
- Looking after pets
- Gardening
- DIY and home maintenance
- Driving. This includes mileage and parking. Again, this would only be for anything related to your injuries. For example, if you needed picked up or dropped off at doctors/hospital appointments.
How is a personal injury services claim worked out?
Services can be one of the more challenging aspects of a claim to determine. After all, how do you place a value on help from your loved ones? The law aims to simplify this in a number of ways.
Generally, most clients recover from their injuries in a few weeks and continue on with their life as normal. In these cases, sometimes the Court will take a “broad brush” approach, meaning services are given a ‘reasonable figure’ and added to the rest of your claim.
Another way services are calculated are at an hourly rate. This is because if it weren’t for your loved ones, you would’ve had to hire a carer to help. A discount rate is applied, since the wage of a hired carer includes factors like National Insurance, etc. For example, if a carer is paid £12 per hour, the discounted rate in a services claim could be approximately £9 per hour.
A major factor in calculating services is how long you needed help for. We would normally expect the amount of care provided to decrease over time as you recover from your injuries. So, when valuing your claim, your solicitor might ask how many hours per week you had help. An example of this could be:
Four week injury:
- Week one: Needed help every day going to the toilet, getting dressed, bathing, going to appointments, and chores: 25 hours
- Week two: Needed help bathing, going to appointments, and chores: 20 hours
- Week three: Needed help going to appointments and chores: 10 hours
- Week four: Needed help going to appointments: 2 hours
Total: 57 hours at £9 per hour, making £513 in total.
This is an example purely for the purpose of this article. Not every case will be as straightforward as the above.
Severe injuries
When injuries are more severe, this can be even more complex to put a value on. For example, if you need an operation, or if you’re unable to have the same quality of life after the accident. Your injuries might mean you need specialist care from the outset, and you may also have long-term ongoing care needs which could increase or decrease over time.
The law provides a way to factor services into the claim alongside specialist help, which your solicitor will discuss with you.
How is a claim for services proved?
Regardless of how minor or severe your injury, your solicitor must back up your claim with evidence. So, we may ask you for medical evidence such as GP or hospital records, or we may get a professional medico-legal expert to meet with you. We may also ask for a witness statement from the person who looked after you. This all proves the severity of your injuries, how long you needed to recover, and how long you needed help for.
When making a claim for help you would have given to others, we may ask for evidence such as bank statements or receipts to prove you were going to carry out the activity. It’s also useful to provide as evidence the ‘going rate’ of labour for whichever activity you were planning to do. For example, if you were going to redecorate your daughter’s house, we may ask for quotes from tradesmen, painter and decorators, cleaning services, etc.
Top tips for claiming compensation for care
There are a number of steps you can take to help your solicitor accurately assess and establish your claim for care.
- Try to keep an accurate record of who is providing care, how long they are providing it for, and what sort of tasks they are doing. We don’t need a full spreadsheet, but any evidence goes a long way when valuing your claim.
- Make sure your solicitor has contact details for all of the people who provided care to you, so they can take formal witness statements from them as evidence.
- Keep a record of any spending whilst you were being looked after and keep receipts/bank statements as evidence. You may find that you have to get in tradesmen to deal with ordinary DIY, gardening, or cleaning tasks, or purchase items to help with your injuries or assist you in getting around the house or getting things done.
- Keep a record of what you find difficult, or impossible, to do and what you require assistance with – no matter how small. A claim for care can be anything from 24-hour private nursing to assistance getting in and out of bed or putting on your socks, and all points in between. If your solicitors have a proper record, and proper evidence to support it, it will be much easier to make sure you get the compensation to which you are entitled.
Conclusion
Claiming compensation for the care and assistance provided by your loved ones following an injury is an essential part of the personal injury process in Scotland.
The Administration of Justice (Scotland) Act 1982 allows for claims related to both the help you received and the help you would have given others, but it’s important to remember that these claims can only be made as part of a wider personal injury case.
The process may be complex, especially when calculating the value of services, but with proper evidence and guidance from a solicitor, you can ensure that all aspects of your recovery are fairly accounted for.
Remember, keeping detailed records of care provided, expenses incurred, and tasks that were impacted by your injury can make a significant difference in securing the compensation you deserve.
Gildeas Solicitors have extensive experience in services claims. If you would like help in connection with a possible personal injury claim, get in touch with us for a chat.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
April Fools Day: Lawsuits and Lessons Learned
Workplace banter on April Fools Day is harmless fun most of the time, but there are occasions when a practical joke in the workplace can have serious consequences for both employers and employees.
Read as we detail the workplace pranks which led to legal action and serious injury for which the employer could have been found liable.
What kind of pranks can result in a personal injury claim?
Unfortunately, this is an area that is full of examples, usually involving a ‘prank’ which simply hasn’t been thought through.
In 2017, in Patel v Homerton University Hospital NHS Foundation Trust, a pharmacist took a London hospital to court after she sustained damage to her spine and coccyx when a colleague deliberately pulled her chair out as she sat down.
More recently in 2022, in the case of Mr Chell v Tarmac Cement and Lime Ltd, a contractor was working on a construction site when he became the victim of a practical joke gone wrong. As Mr Chell bent down to pick up a piece of cut steel, a colleague placed two explosive pellets on a bench near his ear, then hit them with a hammer which triggered a loud explosion. Mr Chell ended up suffering from a perforated eardrum, hearing loss and tinnitus.
What do pranks in the workplace mean for employers?
It’s not necessarily the case that an employer would be considered at fault for a workplace prank gone wrong – it will depend on several factors. This will depend on the severity of the incident, and other factors such as the employer’s prior knowledge of their employee’s behaviour.
However, there are some things to consider as an employer. For example, it’s important to ensure that everything is handled well in the aftermath of a workplace prank gone wrong.
As an employer, there are a few things to consider:
- Develop robust policies and guidelines to ensure that all employees are aware of their health and safety obligations and encourage them to look out for the safety and wellbeing of others.
- Quickly address any concerns raised about pranks and ensure any serious workplace incidents involving pranks are reported and properly documented when they occur, as the effects of an incident may not arise straight away.
What does this mean for workplace pranksters?
If you’re the ‘prankster’ of your workplace, we encourage you to properly think through any prank you may have planned. For example, it might be useful to think about all the ways your prank could go wrong and if it could result in injury or emotional repercussions to any other person in your workplace.
We would recommend ensuring that you read through any policies or guidelines your employer might have regarding pranks within your workplace – it could be the fact that pranks are not permitted. If your workplace does not permit pranks, it’s important to understand this and take it on board.
It might also be a good idea to discuss any potential pranks you may have planned with a trusted colleague or even your boss – they should be able to help you gauge whether your prank is safe and suitable for your workplace and colleagues. If your boss is on board, this will reduce your personal exposure to ramifications from a prank gone wrong.
What should I do if I'm the victim of a workplace prank?
April Fool’s Day should be a day of harmless fun and laughter, but it’s important to remember some boundaries should not be crossed. Here are our top tips if you’re injured from a workplace prank:
• Assess the Situation: Evaluate the prank and its potential consequences. Determine if any harm has been caused, whether physical or emotional.
• Communicate Clearly: If you feel comfortable doing so, calmly communicate to the person that their joke has crossed a line. Sometimes, individuals may not realise the impact of their actions until it’s brought to their attention.
• Document the Incident: Record any damage or injuries resulting from the prank. Take photos, gather witness statements if applicable, and keep any relevant communication or evidence.
• Seek Medical Attention if Necessary: Don’t hesitate to seek medical assistance if the prank has caused physical harm or distress. Your health and well-being should always be a top priority.
• Consider Legal Recourse: In serious cases where significant harm or damages have occurred, you may need to consider legal action. Consult with a personal injury solicitor about your options and determine the best course of action.
Conclusion
There’s no reason you can’t have some fun with a prank this April Fools’ Day - unless it’s against an employment policy. But bear in mind to think it through and ensure it’s safe and fun for everyone involved.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.