Road Safety Week 2024: Motorbike Safety Tips
At Gildeas Solicitors, we recognise the unique challenges faced by motorcycle riders, who are among the most vulnerable road users. For Road Safety Week 2024, we're highlighting how crucial it is for motorcyclists to prioritise safety on the roads. This blog provides essential motorbike safety tips to enhance your riding safety and awareness, helping to prevent accidents and protect lives.
The Importance of Motorcycle Safety
Motorcycle accidents can be frightening and, in severe cases, life changing. Despite advancements in vehicle safety and regulations, motorcyclists remain at a higher risk of injury or fatality on the roads. Recent statistics show that motorcyclists are involved in approximately 1 in 10 road traffic fatalities, highlighting the need for heightened awareness and careful riding practices.
Essential Safety Tips for Motorcyclists
To help ensure your safety, here are some vital motorcycle safety tips:
- Wear Protective Gear: Always wear a well-fitted helmet and protective clothing, including gloves and boots. High-visibility jackets can significantly increase your visibility to other road users.
- Check Your Bike: Before every ride, conduct a thorough safety check of your motorcycle. Ensure that brakes, lights, indicators, and tyres are in good condition.
- Stay Alert: Be aware of your surroundings. Anticipate potential hazards, including vehicles changing lanes, pedestrians, and road conditions. Avoid distractions, such as mobile phones or loud music.
- Ride Defensively: Always assume that other drivers may not see you. Maintain a safe distance from vehicles, especially in traffic, and be prepared to react to sudden stops or changes in direction.
- Adjust to Weather Conditions: Wet or icy roads can significantly affect your control of the motorcycle. Slow down and allow extra time for your journey during adverse weather.
- Avoid Riding in Blind Spots: Stay out of the blind spots of larger vehicles, especially lorries and buses. If you can’t see the driver in their mirrors, they likely can’t see you.
- Follow Traffic Rules: Adhere to all traffic regulations, including speed limits and lane usage. Use indicators to signal your intentions to other road users.
- Take a Riding Course: Consider enrolling in an advanced riding course to enhance your skills and knowledge. These courses can provide valuable techniques for safe riding and accident avoidance.
Recognising External Risks
Motorcyclists face specific external risks that can lead to accidents, including:
- Poor Road Conditions: Potholes, gravel, and debris can pose significant hazards for motorcyclists. Always scan the road ahead for potential dangers.
- Adverse Weather: Rain, snow, and fog can drastically reduce visibility and traction. Adjust your riding style to account for changing conditions.
- Inattentive Drivers: Many motorcycle accidents occur due to the negligence of other road users. Stay vigilant and prepared for unexpected actions from drivers.
What to Do in the Event of an Accident
If you find yourself involved in a motorcycle accident that was not your fault, it’s essential to seek legal advice. At Gildeas Solicitors, we are committed to helping you understand your rights and potential compensation claims. You may be entitled to compensation for:
- Medical expenses
- Loss of earnings
- Repair or replacement of your motorcycle
- Psychological trauma
Conclusion
This Road Safety Week, we encourage all motorcyclists to prioritise safety by following these tips and remaining vigilant on the roads. By taking proactive measures, we can all contribute to making our roads safer for everyone.
For more information on Road Safety Week 2024, please visit: Brake - Road Safety Week.
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 New Claims team today on 0141 331 6070.
Road Safety Week 2024: Getting Your Vehicle Ready For Winter
As Road Safety Week approaches, it's essential to prioritise vehicle safety, particularly as winter weather sets in. At Gildeas Solicitors, we understand the impact that road accidents can have on individuals and families. As personal injury lawyers, we are committed to raising awareness about safe driving practices and the importance of preparing for winter conditions to help prevent accidents and protect lives on the road.
Why Vehicle Preparation Matters
Poor weather conditions significantly increase the risk of winter car accidents. It's estimated that 21% of all crashes in the UK between December and March are linked to adverse weather. Factors such as rushing during the school run, neglecting vehicle maintenance, and inadequate preparation can lead to serious consequences. This blog will guide you on how to keep yourself and others safe during the winter months.
Essential Vehicle Maintenance Tips During Road Safety Week
- Clear Snow and Ice: Always remove snow and ice from your vehicle before driving. While it’s not illegal to drive with snow on your roof, it poses a danger as it can slide down and obstruct your view.
- Check Tyre Tread and Pressure: Ensure your tyre tread depth exceeds the legal minimum of 1.6mm. In winter, increase your tyre pressure by 0.2 bar to enhance safety.
- Inspect Lights: Functional lights are vital for visibility. Walk around your vehicle to check that all lights are operational and clear of snow or mud.
- Examine Wiper Blades: Wipers typically last around six months. Ensure they’re in good condition for optimal performance in winter precipitation.
- Change Your Oil: Cold weather thickens engine oil, reducing its effectiveness. Regularly check and replace it as necessary.
- Prepare an Emergency Kit: Accidents happen. Keep essentials like a blanket, high-visibility vest, torch, ice scraper, de-icer, first aid kit, and snacks in your car.
Driving Tips for Winter Conditions
Driving during winter can be challenging, even for seasoned drivers. Here are some essential tips:
- Plan Your Journey: Check maps and local weather forecasts. Avoid areas prone to flooding or steep inclines.
- Allow Extra Time: Give yourself more time to reach your destination to avoid rushing. Drive slowly, especially around corners, and accelerate gently.
- Maintain Safe Distances: Braking takes longer on icy roads. Keep a distance of at least 10 times the normal distance between your car and the one ahead.
Recognising External Risks
Winter presents unique challenges that can lead to road traffic collisions, such as:
- Black Ice
- Reduced Visibility: Heavy rain, snow, or fog can drastically affect your ability to see and be seen.
- Windy Conditions
- Flooding
To mitigate these risks, follow these additional safety steps:
- Ensure your windscreen and rear window are fully clear before driving.
- Invest in a quality de-icer and ice scraper.
- Maintain your wipers and lights in excellent condition.
- Use fog lights wisely and remember to switch them off when not needed.
- Consider using winter tyres for enhanced traction.
Conclusion
This Road Safety Week, taking proactive steps to prepare your vehicle for winter conditions is essential. By prioritising vehicle maintenance and following safe driving practices, we can all contribute to making our roads safer this winter.
For more information on Road Safety Week 2024, please visit: https://www.brake.org.uk/road-safety-week
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 New Claims team today on 0141 331 6070.
Bonfire Night: Stay Safe With Our Top Tips
Bonfire Night is always a fun and memorable night, whether you’re gathering with loved ones for fireworks, or attending a larger display. But no one wants to 'Remember, Remember the fifth of November' as the night of their accident.
Read on for our ten essential tips to help you enjoy Bonfire Night safely.
1. Don’t Go Near A Firework After It Has Been Lit
Never go back to a lit firework – you never know if it could go off. And if you're heading out to watch fireworks, select a safe viewing area. This will help prevent injuries from stray rockets or falling debris.
2. Attend Organised Events
Whenever possible, opt for organised fireworks displays. These events are usually run by professionals who follow safety regulations, significantly reducing the risk of accidents.
3. Keep a Safe Distance
If you’re lighting fireworks at home, maintain a safe distance. The recommended distance is at least 25 metres from spectators and flammable materials. Make sure your launch area is clear and away from buildings, vehicles, and overhead obstructions.
4. Wear Appropriate Clothing
Dress appropriately for the evening. Wear warm, non-flammable clothing, and avoid loose items that could catch fire. Closed-toe shoes are a must to protect your feet, especially if you're walking on uneven ground or near bonfires.
5. Supervise Children and Pets
Children and pets can be unpredictable, especially around loud noises and bright lights. Keep a close eye on children, ensuring they understand the dangers of fireworks. For pets, consider keeping them indoors to reduce their anxiety and keep them safe.
6. Follow Firework Instructions
If you’re using fireworks, always read and follow instructions carefully. Only use fireworks that are legal and conform to safety standards. Avoid attempting to relight duds or modify any fireworks.
7. Have a Water Source Handy
Always have a bucket of water or a hose nearby when setting off fireworks. This can help extinguish any small fires that may arise and can also be used to soak used fireworks before disposal.
8. Dispose of Fireworks Responsibly
After the celebrations, ensure that all used fireworks are disposed of properly. Soak them in water and place them in a metal bin. This prevents any risk of reignition and keeps your surroundings safe.
9. Drive Safely
Bonfire Night can lead to increased traffic and pedestrians on the roads. If you're driving, remain vigilant and cautious. Watch for people crossing the road and be mindful of any potential distractions, such as fireworks.
10. Know Emergency Contacts
Lastly, familiarise yourself with local emergency contacts. Keep your phone charged and have emergency numbers handy in case of an incident. Knowing who to call can make a significant difference in urgent situations.
By following these tips, you can help ensure that your Bonfire Night remains a celebration of fun and community rather than an occasion for accidents or injuries.
Stay safe, enjoy the festivities, and remember that safety should always come first. If you do find yourself in an unfortunate situation, don’t hesitate to seek legal advice. Gildeas Solicitors can offer tailored support in the event of non-fault public liability claims. Get in touch at our contact form or email [email protected].
Enjoy your Bonfire Night!
For more information on firework safety, visit:
https://www.firescotland.gov.uk/outdoors/fireworks-and-bonfires
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 New Claims team today on 0141 331 6070.
Exciting Developments at Gildeas: Five Changes To Our Business
At Gildeas Solicitors, we believe that continuous improvement is key to providing our clients with the highest standard of service. In line with this commitment, we are pleased to discuss a series of significant changes we’ve taken at our firm, aimed at modernising our operations and enhancing your experience with us.
Introduction of a change management framework to review performance
At the beginning of our change management project, we decided upon several goals; to improve the customer experience, reduce lifecycles, improve our claims practices and increase efficiencies. To do this, we set about updating our best practice guidance and modernising our claims management system to meet the requirements of the business.
To further improve our operations, we’ve introduced a robust change management framework. This will allow us to systematically review our performance and implement improvements where necessary. By fostering a culture of reflection and adaptability, we aim to ensure that our processes remain effective and aligned with our strategic goals.
Implementation of multiple systems driven innovations to streamline our approach to claims
Using access to increased levels of data, we were able to identify areas of the business that were working well and implement those practices across other departments.
We developed bespoke system solutions which integrate and improve all Management Information (MI) and Key Performance Indicators (KPIs) optimising our claims process to align with our strategic objectives.
We were also able to pinpoint areas of the business that required modernisation and set about implementing improvements which have had a positive effect on the customer experience and journey. By aligning our procedures with our overarching goals, we can deliver a more consistent and transparent experience.
Modernisation of our claims management procedures to align with our goals
We introduced improvements to our claims management system which have had a positive impact across accounting, claims, and management processes.
Our focus on improving our claim management system and reporting has allowed us to leverage data-driven insights, ensuring that we remain responsive to our client’s needs.
Complete overhaul of office and home-based IT hardware systems
We’ve undertaken a comprehensive upgrade of our office and home-based IT hardware systems, including new laptops, phone systems, and software. These adaptations have included a whole-system migration, and significant changes to our infrastructure. We continue to develop our client-facing operations, with development underway on our websites, branding, and social media.
This overhaul not only ensures that our team has access to the latest technology but also enhances our ability to manage claims efficiently and securely. By investing in state-of-the-art IT infrastructure, we’re better equipped to respond to our client’s needs and adapt to the fast-paced legal landscape.
Ongoing review of our best practice to improve the customer journey
Finally, we are committed to the ongoing review of our best practices to continuously improve the client journey. We understand that the legal process can be daunting, and we aim to make it as seamless as possible. By regularly assessing and refining our practices, we ensure that every interaction with our firm is positive and productive.
Our Director, Lindsay Hare and Senior Claims Manager, Danny Thomson have been leading on the project. Of the developments, Danny said:
“The project has been running for 18 months. We are delighted with the improvements that we have implemented so far, and we are excited about the next stages of the development which we are confident will continue to help the business improve.”
Conclusion
These changes mark a significant step forward for Gildeas, reflecting our unwavering commitment to enhancing service delivery and meeting the evolving needs of our clients. As we continue to implement these innovations, we are confident that they will lead to a more efficient, transparent, and satisfying experience for everyone who engages with our firm.
We invite you to stay connected with us as we navigate this exciting journey. Whether you're a current client or considering our services, we welcome your feedback and are eager to assist you with your legal needs. Explore our website for more information on how these advancements can benefit you, and don’t hesitate to reach out to us with any questions or to discuss how we can 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 New Claims team today on 0141 331 6070.
Friday Rule: What is the Personal Injury Discount Rate and What It Means To You
The latest in our Friday rule series - from Ailie Brown, Trainee Solicitor at our Edinburgh office.
The Government has introduced recent changes to the Personal Injury Discount Rate, or Discount Rate. We break down what this all means, and why it matters.
What is the Discount Rate?
The Discount Rate is a figure used to help calculate how much defenders have to pay in higher value cases.
The Discount Rate is set as a percentage. It is a devolved matter, so it can differ between different parts of the UK. We will be discussing the rate in Scotland.
When personal injury cases settle, there is usually a lump sum payment made to the injured person – including on cases where their injuries or losses are very serious and going to continue into the future, or permanently. A Discount Rate is used to try and ensure that pursuers are compensated properly and to avoid over-compensating and under-compensating people. Most large damages awards are invested – and over time, that investment will generate returns. Those future returns need to be factored in when deciding on the lump sum.
For example, if the Discount Rate is a low figure, that would anticipate future investment returns will be smaller and so will mean a higher lump sum payout is required to last the person until e.g. retirement. A higher Discount Rate suggests the investment will generate a higher return, indicating that the claimant will need a lower lump sum to cover their future financial needs.
Gildeas Director, David McKee explained: “When the Discount Rate was first introduced, it was assumed pursuers would invest in low-risk assets, such as government bonds – which seems sensible as most people would not wish to take risks with money that is intended to last them years or even decades into the future.”
In the government’s 2024 review, they have revised the assumptions made about how lump sums are invested. The default position now is that the investment will be assumed to be in a more diverse investment portfolio as per the example below:
| Asset Class: | Percentage Allocated: |
| Cash or equivalents | 10% |
| Nominal gilts | 15% |
| Index-linked gilts | 10% |
| UK equities | 7.5% |
| Overseas equities | 12.5% |
| High yield bonds | 5% |
| Investment-grade credit | 30% |
| Property | 5% |
| Other types, e.g., infrastructure, commodities, hedge funds, and absolute return funds | 5% |
Previous changes to the Discount Rate
The rate in 2001 was set at 2.5%, which reflected the economic conditions at the time, meaning that pursuers could expect reasonable returns on low-risk investments. This remained unchanged for some time, even through difficult economic times such as the global financial crisis in 2008.
Eventually, the rate was updated in 2017 to – 0.75% (negative 0.75%), which was a notable change. This meant higher compensation awards for pursuers, but the returns being generated were expected to be lower.
Finally, in 2019, the Damages (Investment Return and Periodical Payments) (Scotland) Act was introduced which formalised a new way to calculate the Discount Rate. This introduced a new process to review it every 5 years.
The 2024 Review to the PIDR
In June 2023, the devolved administrations in Scotland and Northern Ireland issued a consultation on whether changes should be made to the rate. The rate was reviewed by economic and financial experts, legal experts, and the government.
It was subsequently changed to +0.50%, to reflect current economic and market conditions.
What Does This Mean in Practice?
Understanding how a change to the Discount Rate could affect your claim might seem complicated. There are various factors considered which affect the actuarial tables and figures used: e.g. current age; expected retirement age; life expectancy; employment status; educational background, and so on.
A worked example might be a better way to understand the difference a change to the Discount Rate can make. Imagine a 45-year-old man who was earning £30,000 per year before his accident, expecting to retire at 65.
Using the previous rate of -0.75%, the actuarial tables produce a multiplier of 20.87, so the lump sum that pursuer might have expected to receive would be:
£30,000 x 20.87 = £626,100.
However, using the new rate of +0.50%, the actuarial tables produce a multiplier of 18.43, so the calculation changes to:
£30,000 x 18.43 = £552,900.
As we can see, the client would be awarded £73,200 less than before due to the new +0.50% rate being in place.
These figures are a simplified example and don’t consider all the factors which could make a substantial difference to the final claim.
Conclusion
The Discount Rate is not consistent across the UK, and the old rate was not reviewed for some time. However, Northern Ireland also recently updated its rate to +0.50% and a review is in progress in England & Wales.
Overall, changes to the Discount Rate are designed to ensure pursuers are properly compensated – and to avoid over or under compensation – by taking into account the prevailing economic circumstances at the time.
There is now a mechanism in place to make sure reviews are undertaken at least every 5 years, so we should not see situations where a review doesn’t take place for 16 years.
Established in 1989, Gildeas Solicitors is a Scottish law firm that specialises in personal injury claims, including motorcycle and cycling accidents. We make personal injury personal. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. Considering our services? Call our dedicated New Claims team to make the process easy for you at 0141 331 6070.
New law means self-driving cars could be on our roads by 2026
Self-driving vehicles have the potential to revolutionise transport. But are we really ready for this innovative technology? As the government introduced the new Automated Vehicles Act 2024, read on to see how Gildeas Solicitors break down the new legislation and what it means for road safety.
Westminster reported that self-driving vehicles could be on the roads by 2026, as the new Automated Vehicles (AV) Act became law in May 2024.
What is the Act?
The Act is extensive, defining automated vehicles and several regulations for their use on roads in the UK. Here’s a breakdown of some of the main points:
➤ The Act legally defines who would be liable for automated vehicles, naming this person as a “user-in-charge”. Specifically, the user-in-charge is “an individual who can exercise control of the vehicle but who is not controlling it, when the vehicle is an authorised automated vehicle with an authorised user-in-charge feature and that feature is engaged”.
➤ Fundamentally, the Act states that users-in-charge must be fully trained and sober – even when driving in fully automated modes. This ensures they can resume control when needed.
➤ The Act sets up an authorisation scheme for automated vehicles, establishes an independent incident investigation function, and ensures traffic regulation data is available for these vehicles.
➤ A key focus of the Act is road safety. The Act sets safety parameters for self-driving vehicles to be at least as “careful and competent as a human driver”. It introduces an approval system, where vehicles will be expected to undergo a technical safety assessment, including the cybersecurity of the vehicle.
➤ The Act prohibits misleading practices such as vague advertisements, and lists specific terms for marketing, for example the term “fully self-driving” which is currently used by some automated vehicle manufacturers.
Former Transport Secretary Mark Harper said:
“Britain stands at the threshold of an automotive revolution and this new law is a milestone moment for our self-driving industry, which has the potential to change the way we travel forever. While this doesn’t take away people’s ability to choose to drive themselves, our landmark legislation means self-driving vehicles can be rolled out on British roads as soon as 2026, in a real boost to both safety and our economy.”
What this means in practice
The law is still new and further legislation is expected to be announced. At the moment, practices are similar to non-automated vehicles: establishing whether or not the user-in-charge was in control of the vehicle at the time of an accident is critical in establishing liability. This is where further legislation is required. For example, information on Road Traffic Accidents where an automated vehicle has been involved should immediately be made available to insurers so that liability can be established and decisions made.
Further concerns exist in terms of how insurers treat cyberattacks on automated vehicles, and whether this would be dealt with as a claim. There is also a gap in the law in terms of uninsured self-driving vehicles.
Mixed awareness and understanding
In studies conducted by the Department for Transport, 99% of people reported being aware of automated vehicles but more than half reported that they knew nothing about them. In particular, people reported feeling unsure how automated vehicles would interact with human-driven vehicles during a ‘transition phase’, and what additional benefits they would bring over and above what could be provided by existing transport options.
Richard Cuerden, Director at the Transport Research Laboratory (TRL), said:
“The promise is more accessible, safer and greener journeys for goods and people, and at TRL we are working hard to ensure that this is delivered. The commercial success will only be possible if the public has trust in the technology and chooses to use AVs. Here, safety is key and we are working hard to develop safe engineering and system requirements, and in parallel recognising that it is as important to provide public confidence.”
What this means for you
As of now, the specifics of liability as to who is at fault between the vehicle and the user-in-charge remains difficult. We at Gildeas Solicitors will be paying close attention to the details of such cases and how the new legislation is being interpreted and applied practically. Our team will be well-informed to advise anyone involved in an accident in or with an automated vehicle.
Ultimately, while there is overall excitement among the public about the introduction of automated vehicles, more needs to be done before the technology and services are fully understood, considered safe enough to use, and are trusted by members of the public.
Established in 1989, Gildeas Solicitors is a Scottish law firm that specialises in personal injury claims, including motorcycle and cycling accidents. We make personal injury personal. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. Considering our services? Call our dedicated New Claims team to make the process easy for you at 0141 331 6070.
Five Things We Learned From Our First Annual Staff Conference
Established in 1989, Gildeas Solicitors is a Scottish law firm that specialises in personal injury claims. Following recent changes to the business, we held our first ever Annual Conference on Tuesday 27th August, 2024.
Read on to learn how we’ve grown and scaled as a firm, developed new best practices and processes, and how insights from industry leaders have informed our work.
Claims perfection
Directors, Colin Ferguson and Sanjeev Bali kicked us off for the day. Mr Bali detailed how Gildeas has adapted to external pressures in recent years, such as flexible working during the pandemic, and acknowledged the support from the firm during personal highs and lows. Recognising the challenges the pandemic presented to Gildeas, he highlighted how returning to the office has had a positive effect on the business.
Director, Colin Ferguson:
“These changes and improvements to our practices have only been possible thanks to the hard work and commitment of all staff members.”
Mr Bali also introduced Business Development Manager David Butler, who alongside Jim Muir, will be spearheading the formation of our new one-stop shop for accident management. David has an outstanding background in the automobile industry, and we are delighted to have both under the Gildeas umbrella.
1. Our tools change us
Taking us through the recent developments Gildeas have implemented was Vidisha Joshi. Vidisha began with an overview of her extensive background as a solicitor and subsequent experience as a developer, making her well-placed to advise Gildeas in improving our practices.
A focal point was her discussion of innovation in our technological processes. Vidisha relayed her recent involvement with the firm, detailing that a new Working Group was created to audit our processes. After extensive feedback from our claims handling teams, their findings discovered that our claims management system has not been used to its maximum potential.
“We humans coevolve with our tools. We change our tools and then our tools change us.”
Significant takeaways from Vidisha’s insights were how important it is to continuously be critical of our processes, and that seamless integration across the firm is fundamental to achieve success.
2. Change a little at a time
As part of the Working Group supervising these changes, we heard further insights from Director, Lindsay Hare on the capabilities of our software and where our processes have been updated. Lindsay announced that our new Best Practice Guide has now been completed, a real achievement after some time in development.
Of particular interest was our renewed focus on litigation and ensuring the client journey is as smooth as possible. Remarking on the firm’s continued progress, Lindsay emphasised the effectiveness of building good habits incrementally, quoting the author James Clear:
“If we can get 1 percent better each day for one year, we'll end up thirty-seven times better by the time we’re done.”
3. Best practices in analysis and reporting
Further to addressing the recent changes to our internal processes, we then looked externally to hear insights from industry leaders. Clinical Director and Occupational Therapist, Helen Buri presented us with an overview of how her firm completes a functional capacity evaluation reports for clients. Helen relayed best practices in reporting, emphasising the need for analysis to be succinct and added that we should always think of the Judge as the end point reader of injury reports.
It was especially useful to hear how researchers at her firm take into account the current labour market and projected economic circumstances for a claimant when making recommendations.
4. Building your case theory, or what you need to prove to succeed in court
Well refreshed, we returned after lunch to hear from Advocate and personal injury specialist, Tom Mulhall. Tom engaged us with a body of knowledge on case theory, citing several examples of claims where evidence was crucial in the result. His recollection of the details surrounding one tragic case was especially heartfelt, giving us all time to reflect on the human aspects of our industry.
Tom’s recent history includes a number of maritime cases, and a notable feature of his presentation was the maritime tracker used as evidence in his work.
5. Bracing for impact
Rounding off our fantastic guest speakers was Consultant and Orthopaedic Surgeon, Mr Rahul Kakar. Mr Kakar presented us with a thought-provoking overview of the process behind medical assessments of personal injury claimants, including in-depth insights into whiplash associated disorders. Worthy of note was that the psychological effects of an accident and the socioeconomic background of claimants is fundamental in Mr Kakar’s assessments.
After detailing the circumstances of low velocity impact accidents, a lively discussion followed giving much of us food for thought. Mr Kakar highlighted that even in cases where there is little by way of vehicle damage, a client may still suffer from whiplash as the muscles in the body brace for a collision.
Questions then followed on clients who have recovered from their symptoms during the litigation process, and best practices for solicitors when met with claimants who are facing difficulty accessing medical care.
Making Personal Injury Personal
The conference was closed with comments from our Director, Stephen Hay who emphasised the changes we are making are for the benefit of both colleagues and clients. Our case management system is not going to take away jobs from our colleagues. It will free them from repetitive admin type work on cases. For clients, it will allow us to provide an even better level of customer service. He also returned to Gildeas motto of Making Personal Injury Personal - something that no amount of AI or a case management system can do.
In conclusion, our recent staff conference was more than just a meeting – it was a powerful reminder of the dedication, expertise, and teamwork that drive our firm forward. We had the opportunity to reflect on our successes, share valuable insights, and set our sights on future goals.
As we continue to grow in an ever-changing legal landscape, the energy and commitment demonstrated by our team reaffirm our position as a reputable force in the personal injury field in Scotland. We’re excited to carry the momentum from our conference into our work, ensuring that our clients receive the exceptional service and results they’ve come to expect from Gildeas.
Gildeas Solicitors make personal injury personal. With offices in Glasgow and Edinburgh, we specialise in road traffic accidents, including motorcycle and cycling accidents. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. Considering our services? Call our dedicated New Claims team today on 0141 331 6070.
Tragic Motorcycle Accident Survivor Compensated £5.9 Million
A retired medical physics engineer has accepted an offer of £5.9 million in compensation following a devastating motorcycle accident. The accident, which resulted in multiple severe injuries, has drastically changed the course of his life, but with the help of Stephen Hay from Gildeas Solicitors and medical professionals, he is now able to look forward to a more secure future.
Stephen applied his usual bespoke service for Mr Allum. After being given initial details by Mr Allum’s family he met with him in hospital and discussed things with his family to assist following his accident.
The Accident Circumstances
The accident occurred while Mr. Allum was in Scotland, celebrating a 60th birthday celebration. The collision left him with a fractured vertebra, multiple breaks in his legs and arms, and broken ribs. These injuries were so severe that he was placed into an induced coma for a period of time.
Mr. Allum was admitted to Queen Elizabeth Hospital, known for its expertise in spinal injuries, which are unfortunately common in motorcycle accidents. Many motorcycle accident survivors suffer back injuries, and Mr. Allum was no exception. He remained in the hospital for three months, receiving intensive care and treatment.
Ongoing care and rehabilitation
During his recovery at Queen Elizabeth Hospital, Director Stephen Hay visited Mr. Allum, ensuring he knew what would be needed for him to receive the best possible care on discharge. Once his condition stabilised, Mr. Allum was transferred to a local facility in England, closer to his family home in South East.
Mr. Allum's domestic situation required significant adjustments. The family home was unsuitable for someone needing round-the-clock care and a powered wheelchair. Standing at 6’7, Mr. Allum's wheelchair had to be customised, which also limited the types of vehicles that could be adapted for his use to get out and about when he was able to do so. A more accessible home was necessary. The new home had to accommodate not only Mr. Allum's family but also provide additional living quarters for a live in nurse as he requires round the clock care. The home identified by agents retained by Gildeas required significant modifications, including ceiling tracking systems to facilitate his movement around the house.
Throughout this process, Gildeas secured interim payments to ensure that Mr. Allum and his family did not suffer financially. This was particularly crucial given his inability to work and the increased costs of hospital visits and care. Admiral, the insurer of the third party, was proactive in agreeing to payments that allowed for the acquisition and adaptation of a new house, along with a specially adapted van. This ensured that Mr. Allum's transition to his new life was as smooth as possible.
Comprehensive Medical Assessments
To accurately assess Mr. Allum's losses, multiple medical reports were obtained. These detailed the extent of his physical and neurological injuries, the type of accommodation and equipment needed, and the associated costs. The assessment of nursing care required to support Mr. Allum indicated an annual cost of £350,000, quantification of this allowed Gildeas to ensure he and is family would not be financially impacted by the accident.
Financial and Emotional Compensation
While no amount of money can truly compensate for the loss of independence Mr. Allum has experienced, the £5.9 million settlement provides significant financial security. It ensures his extensive care needs are met and that he can live as comfortably as possible given his circumstances. The settlement also includes provisions for an adapted vehicle, further enhancing his mobility and quality of life.
Stephen Hay, Director
Paul is a highly intelligent and motivated person. I was struck by how big an impact this would have on him but that he would take a pragmatic approach to things. My meetings and discussions with Paul allowed be to identify the issues he would face and what had to be addressed to meet those needs at that point and into the future.
Paul was so involved in his case he even took it upon himself to suggest improvements that could be made to the manufacturers of kit that was being supplied!
When it came to explaining why we were seeking certain amounts of money and the basis for the figures he understood what we were saying. The injuries have changed Paul’s ability to do things physically but his mental abilities are still as sharp as ever. I hope the settlement that was negotiated here will allow him and his family to move forward without having to worry about Paul’s quality of life nor the quality of his care.
In our client’s words
“Stephen assisted at all stages in my recovery, at first assisting my family whilst I was in a coma and getting things set up, then helping arrange for property experts to find a suitable home. Things have not been easy, learning to cope with complete paralysis from the chest down, and the loss of usefulness of my right arm; but at all stages Gildeas and Stephen were available for advice and support. Now I am looking forward to getting home with my family."
Conclusion
Thanks to Gildeas and the medical experts instructed, Mr. Allum can face his new reality with dignity and hope. As he continues his recovery, Mr. Allum can take comfort in knowing that his financial and practical needs are being met, allowing him to focus on rebuilding his life and finding new ways to enjoy his retirement years.
Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including motorcycle and cycling accidents. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. If you require assistance, reach out to our expert team on 0141 331 6070.
Children and contributory negligence
Introduction
Although liability in children’s road traffic accident claims is often easy to establish, the issue of contributory negligence can still arise.
Contributory Negligence
Contributory negligence means that any damages awarded to the claimant are reduced by an amount the court considers "just and equitable," reflecting the pursuer’s share of the responsibility for the damage (s1(1) of the Law Reform (Contributory Negligence) Act 1945). The defender must prove that contributory negligence applies. Decisions are based on the specific facts and circumstances of each case.
Running into the Road
The law typically applies an objective standard of care, but age is a notable exception. Children are not expected to exercise the same level of care as adults, and their age is considered when assessing contributory negligence.
Jackson v Murray [2015] UKSC 5
In this case, a 13-year-old girl was struck by a car after emerging from behind her school bus and running into the road. The driver, traveling at about 50mph in poor light, did not slow down despite the presence of the school bus. Initially, the girl was found 90% liable for the accident due to her recklessness. On appeal, her contributory negligence was reduced to 70%, considering her age and the difficulty of assessing the car's speed in poor light. The Supreme Court further reduced it to 50%, acknowledging the complexities of crossing a major road at dusk for a child.
Child Seats
Section 15 of the Road Traffic Act 1988 mandates that drivers ensure children under 14 are properly restrained. Specific regulations require children under 12 or below 1.35 meters in height to use appropriate child seats. If a child's injuries could have been avoided with proper seating, the driver may be deemed partially responsible. However, Scottish courts have yet to provide clear guidance on this issue, so we look to English cases for insight.
J v Wilkins [2000] EWCA Civ 3024
A mother placed her two-year-old child on her lap with an adult seatbelt, which contributed to the severity of the child's injuries in a collision. Despite the mother's limited understanding of the risk, the court applied a 25% reduction in contributory negligence based on expert evidence.
Hughes v Williams [2012] EWHC 1078 (QB)
In this case, a child was injured while seated on a booster cushion not meeting safety criteria. Experts testified that proper use of a five-point harness seat would have minimised the injuries. The court determined a 25% contributory negligence, as proper restraint would have largely avoided the injuries.
Conclusion
To conclude, contributory negligence is a common argument used by defenders and neither children nor their parents are immune to such arguments being successfully made.
While children are not judged by the same standards as adults, the standard of care expected will be measured by what can reasonably be expected of a child of the same age, intelligence, and experience. As such, their age will be a highly relevant factor when deciding whether contributory negligence should be applied and at what percentage.
On the other hand, no leniency can be expected when a parent fails to safeguard their child. While the Scottish courts are yet to set clear guidance on contributory negligence in such cases, some guidance can be obtained from England where contributory negligence has been applied at 25% in cases where a child is not seated in the appropriate child seat. However, the assessment of contributory negligence is nevertheless highly fact-sensitive with each case being considered on its own.
Written by Stella Kankaanpaa
Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including motorcycle and cycling accidents. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles.Customer satisfaction is our top priority. According to customer reviews , among civil law firms with over 200 reviews, we proudly hold the second highest rating in Glasgow. We currently have a stellar rating of 4.9 on Reviews Io and 4.7 on Google [July 2024]. If you require any assistance, please don’t hesitate to reach out to our dedicated New Claims team at 0141 331 6070.
Vulnerable Road Users and Liability
Written by Zoe Adamson
As part of the Bike Team, I handle personal injury claims for cyclists and motorcyclists, who are at greater risk on the road than drivers. The Highway Code emphasises their vulnerability, instructing other road users to exercise extra caution around them. However, case law indicates that cyclists and motorcyclists are not automatically favoured in accidents and must follow the same rules as everyone else.
The Highway Code
The Highway Code includes several rules to protect cyclists and motorcyclists:
Rule 160: Road users should be especially aware of cyclists and motorcyclists, as they might filter through traffic.
Rule 211: Cyclists and motorcyclists are often hard to see, especially when coming from behind, out of junctions, or filtering through traffic. Road users should look out for them, particularly when turning right across a line of slow-moving or stationary traffic.
Rule 212: Road users should give cyclists and motorcyclists plenty of space to pull out, turn right, or change direction.
Rule 213: Cyclists and motorcyclists might need to change direction suddenly to avoid road hazards like uneven surfaces, drain covers, or oily patches. Other road users should give them ample space.
These rules highlight the dangers cyclists and motorcyclists face and establish their right to filter through traffic. However, those who are filtering must also be aware of the risks involved and take care to avoid accidents.
Key Cases
Powell v Moody 1966
In this case, the motorcyclist (Plaintiff) was riding along a road with two lanes of stationary traffic. He tried to pass the traffic by riding on the right side (offside). A car driver (Defendant) was trying to turn right out of a side road and collided with the motorcyclist. The driver had been allowed to turn by another driver who left a gap in the traffic.
The court decided that both the motorcyclist and the car driver were at fault for not paying enough attention. However, the motorcyclist was found to be more at fault because riding on the right side of stationary traffic is especially dangerous. Additionally, the court felt the speed of the manoeuvre was too high. The responsibility for the accident was divided: 80% to the motorcyclist and 20% to the car driver. This decision was upheld on appeal.
Jason Moffat v Zenith Insurance Plc 2018
In this case, the cyclist (Pursuer) was riding at the speed limit of 30 mph on a street in Edinburgh. He tried to pass a car (Defender) on the left side (nearside). The car driver had signalled and checked mirrors before turning left, but still collided with the cyclist. The cyclist claimed he did not see the signal.
The court decided that the car driver had done everything reasonably expected to ensure safety, such as signalling and checking mirrors. The cyclist was found entirely at fault for the accident. The ruling emphasised that there should not be a general assumption that cyclists are always favoured in traffic accidents with cars. This decision might be different now due to updates in traffic rules after the case.
Conclusion
The Highway Code is designed to protect all road users, especially the most vulnerable like cyclists and motorcyclists. It permits filtering and instructs other road users to be cautious around cyclists and motorcyclists. However, the vulnerability of these road users does not mean they are less responsible for accidents. They are expected to follow the same rules as other road users. When handling bike cases, we cannot assume that the other party is always at fault simply because cyclists and motorcyclists are more exposed. Each case must be evaluated based on its specific circumstances to determine liability fairly.
Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including motorcycle and cycling accidents. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles.Customer satisfaction is our top priority. According to customer reviews , among civil law firms with over 200 reviews, we proudly hold the second highest rating in Glasgow. We currently have a stellar rating of 4.9 on Reviews Io and 4.7 on Google [June 2024]. If you require any assistance, please don’t hesitate to reach out to our dedicated New Claims team at 0141 331 6070.