Based on reporting by BBC News, 12 November 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a former soldier in his 60s was awarded £380,000 in damages following a serious injury sustained during a 2022 off-road motorcycle competition held in a forest near Ben Nevis. The incident reportedly involved a collision between the competitor and a marshal who was travelling on a motorbike in the opposite direction of travel on a forestry track.
The case was heard at the Court of Session in Edinburgh, where the organisers of the event disputed the allegation of negligence and maintained they had taken appropriate precautions. As reported by BBC News, the presiding judge found that the organisers' negligence had caused the accident, but also found the injured competitor to be partly responsible, a legal outcome known as contributory negligence.
The judge is understood to have concluded that the decision to operate travelling marshals riding against the direction of competitors on forestry tracks created an obvious risk of collision, and that the organisers had failed to properly identify, assess or control that risk, BBC News reports.
Motorcycle event and road traffic accident claims in Scotland
Claims arising from motorcycle incidents, whether on public roads or in organised off-road events, are assessed under Scots law principles of negligence and delict. For a compensation claim to succeed, the injured person must generally demonstrate that another party owed them a duty of care, that this duty was breached, and that the breach directly caused the injury and resulting losses.
In incidents of this kind, liability can rest with event organisers, landowners, other participants or, in road traffic contexts, other drivers and their insurers. Where an event is organised and controlled by a club or similar body, those organisers may carry a duty to ensure the safety of participants by identifying and managing foreseeable risks. The specific arrangements in place, including route planning, marshal deployment and risk assessments, are typically scrutinised closely during any legal proceedings.
It is also worth noting that contributory negligence can reduce the final award. If a court finds that the injured person was partly responsible for what happened, the damages are reduced by a percentage reflecting their share of the responsibility. This does not automatically bar a claim; it simply adjusts the amount recoverable.
Time limits for personal injury claims in Scotland
Under the Prescription and Limitation (Scotland) Act 1973, most personal injury claims must be raised within three years of the date of the accident, or within three years of the date on which the injured person became aware of their injury and its cause. Missing this deadline will ordinarily prevent a claim from proceeding, so it is important to seek legal advice as promptly as possible after an incident.
There are limited exceptions to the three-year rule. Where the injured person lacks legal capacity, for example due to a severe brain injury or mental incapacity, the limitation period may be paused. Courts also retain a discretionary power to allow later claims in certain circumstances, though this is not guaranteed. Children who are injured have until their 21st birthday to raise an action.
What compensation can cover
A personal injury award in Scotland is made up of several recognised heads of loss. These include:
- Solatium - compensation for pain, suffering and loss of amenity arising from the injury itself, both past and future
- Loss of earnings - income lost while recovering, as well as any future reduction in earning capacity if the injuries have long-term effects on the ability to work
- Care and assistance - the reasonable cost of care provided by family members or professional carers, including help with daily tasks during recovery
- Medical treatment and rehabilitation - physiotherapy, specialist consultations, medication and any aids or adaptations required at home
- Travel expenses - costs incurred attending medical appointments or receiving treatment
- Future losses - where injuries are permanent or significantly disabling, the court will assess the ongoing financial impact over the claimant's lifetime
Awards vary considerably depending on the severity of the injuries, the individual's circumstances and the degree of any contributory negligence. Serious orthopaedic injuries or long-term disabilities attract higher awards than minor soft tissue injuries that resolve within weeks.
Claims are handled on a no win, no fee basis. If you win, our success fee is capped at 18% including VAT, below the Scottish statutory maximum, with no hidden extras. Legal costs are recovered from the other side where liability is established.
Frequently asked questions
Can I claim compensation if I was taking part in an organised sporting or motorsport event in Scotland?
Yes, participation in a sport does not automatically waive your right to compensation. While participants accept certain inherent risks of a sport, organisers still owe a duty to manage foreseeable hazards reasonably. If organisers failed to identify or control a known risk, a claim may be possible even where the injured person is an experienced participant.
What does contributory negligence mean for my claim?
Contributory negligence means a court has found that you bore some responsibility for the accident or your injuries. Rather than defeating your claim entirely, the damages awarded are reduced by the percentage of fault attributed to you. For example, if you are found 25% responsible, you would receive 75% of the total assessed award.
How long do I have to make a personal injury claim in Scotland?
Under the Prescription and Limitation (Scotland) Act 1973, you generally have three years from the date of the accident, or from when you became aware of your injury and its likely cause, to raise a claim. It is advisable to seek legal advice well before this deadline, as gathering evidence and building a case takes time.
What types of losses can be included in a personal injury claim?
A Scottish personal injury claim can include compensation for pain and suffering, loss of earnings both past and future, the cost of care and rehabilitation, medical expenses, travel costs and any aids or adaptations required. Each head of loss must be supported by evidence, such as medical reports, pay slips or receipts for treatment costs.
Do I need to go to court to make a personal injury claim in Scotland?
The majority of personal injury claims in Scotland are settled out of court through negotiation between legal representatives and the other party's insurer. Court proceedings are raised when liability is disputed or a fair settlement cannot be agreed. Your solicitor will guide you on the most appropriate approach for your circumstances, keeping you informed at every stage.
Based on reporting by BBC News, 12 November 2026. All rights in the original report remain with the publisher.