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Motorcycle Accident Law in Edinburgh, the United Kingdom, falls under personal injury law, primarily focusing on cases where individuals suffer injuries in accidents involving motorcycles. When an accident occurs, a claim usually arises against the individual or entity at fault, often necessitating legal proceedings seeking compensation for injuries sustained and losses incurred. The key element in these cases is establishing negligence on part of the other party involved.
If you have been involved in a motorcycle accident, it is crucial to seek legal advice for several reasons. Firstly, you may not be well versed in local laws and may not understand your rights. A lawyer can explain these and guide you toward securing compensation for medical bills, lost wages, or damage to your motorcycle. Secondly, insurance companies may attempt to minimise their payout, but a lawyer will understand how to negotiate with them to ensure you receive a fair settlement. Lastly, in case of serious injuries, a motorcycle accident lawyer can manage the complex legal proceedings while you focus on recovery.
Edinburgh follows UK road traffic laws where the Highway Code is the primary guide. Failure to adhere to the Highway Code can be cited in any legal proceedings as evidence of negligence. Some specifics to remember are the rules concerning helmet use, which are mandatory for motorcyclists, and adherence to specific speed limits. If a motorcyclist is involved in an accident, it’s required by law to stop at the scene, provide personal and insurance details to other involved parties, and report the accident to the police within 24 hours.
Yes, it’s possible to claim for compensation even if you were partially at fault. This is known as 'contributory negligence'. However, the compensation you receive will be reduced according to the percentage of your fault.
Damages can be claimed for pain and suffering, loss of earnings, future loss of earnings, damages to your motorcycle and any other expenses incurred as a result of the accident such as medical and rehabilitation costs, care and assistance, and travel expenses.
One generally has three years from the date of the accident to make a compensation claim. This is known as the Limitation Period. It may be extended in certain circumstances, for instance, if the injured person was a minor.
If safe to do so, use your phone to take photographs of the incident scene, including any vehicles involved, the road layout and any road defects. Also, note down the details of the other parties involved and any witnesses to the accident.
Even if you do not wish to claim on your own insurance policy, you must notify your insurer about the accident as failure to report it may invalidate your policy.
You can refer to resources such as the UK Highway Code, local city council websites, and advice from institutions like the Association of Personal Injury Lawyers (APIL). Government organisations like the National Health Service (NHS) provide information related to dealing with injuries.
If you've been involved in a motorcycle accident and require legal assistance, compile all relevant information relating to the accident, then select and arrange a consultation with a personal injury lawyer specialised in motorcycle accidents. Your chosen lawyer will guide you through the process of making a claim and provide advice tailored to your case.
