Two-wheeled drive – putting the personal into personal injury

Within the personal injury sector, lawyers must develop skills and offer specialist services to meet clients’ increasingly high expectations. In creating Motorcycle Law Scotland (MLS) and Cycle Law Scotland (CLS), we are responding to growing expectations which demand further emphasis on the ‘personal’ in personal injury.

Cycling and motorcycling are activities, in many cases passions, that form a central part of one’s lifestyle. There are values and a sense of community attached to each that determine choices, including the choice of solicitor.

A survey by MLS found 92 per cent of motorcyclists questioned would prefer a specialist lawyer to take forward their claim for compensation following an accident. Understanding motorcycle dynamics can make a huge difference to a case’s outcome. Similarly, for cyclists, there are a number of factors behind their choice to use a bike, and it would be wrong to ignore such factors in providing a personal injury service. CLS solicitors are also cyclists, meaning we better understand the circumstances of an accident, what investigations need to be undertaken to establish fault and our clients’ support and rehabilitation needs.

Motorcyclists and cyclists are vulnerable road users. According to the Scottish Government, only the number of cycling injuries increased in 2009. Motorcycling injuries remain stubbornly high, only falling by 2.2 per cent – the smallest decrease out of all modes of transport.

We want to see a reduction in the number of accidents, which is why we have supported and continue to support road safety initiatives aimed at reducing cycle and motorcycle accidents. However, we recognise accidents will happen and it is important those who have been injured as a result of an accident get the best possible support and advice.

The experiences of motorcyclists and cyclists on our roads are different, and therefore demand different specialisms.

Motorcyclists, for example, face specific challenges when filtering, overtaking or leading and following. Being overtaken, junctions and being easily obstructed by other vehicles are significant challenges faced by cyclists every day. Having solicitors who have experienced those difficulties first hand is something that our clients see as an asset for them and their families in their fight for compensation.

It is not sufficient for personal injury firms to focus on the injury and forget the personal.

• Syd Smith is a keen cyclist, lead solicitor with Cycle Law Scotland and senior partner at Thompsons Solicitors. Brenda Mitchell is lead solicitor with Motorcycle Law Scotland and an avid motorcyclist.