A beautiful morning turned tragic.
At 4.30 a.m. on 21 July 2025, Harry was riding his motorcycle to work at a local dairy farm, a job he loved.
It was a calm, beautiful morning with no overnight rain or high winds.
As he travelled on a road he knew well, navigating its turns and undulations, Harry encountered something he could never have predicted.
Lying across the entire carriageway at head height was a huge fallen tree.
Harry had nowhere to go. He struck the tree and was thrown from his motorcycle.
The occupier of a nearby lodge had become used to hearing Harry’s motorcycle pass his window every morning at around 4:30 a.m. But on 21 July 2025, the familiar sound was replaced by the devastating noise of Harry’s motorcycle striking a stone wall. He ran outside immediately and called the emergency services, but tragically nothing could be done to save Harry.
Harry was only 18 years old and had his whole life ahead of him. He was a much-loved son, stepson, brother and an enthusiastic motorcyclist who had been looking forward to buying a new motorcycle with the help of his father and spending more time with his two older brothers.
Investigating the circumstances of Harry’s death.
Harry’s stepfather, who had helped raise him since he was four years old, contacted Motorcycle Law Scotland after being convinced that the fallen tree had been visibly rotting for years.
He believed he could identify the tree on historical Google Maps images taken before the accident.
Although he understood that no amount of compensation could ever replace Harry, he strongly believed the tragedy could and should have been prevented.
We immediately began a detailed investigation into the circumstances surrounding Harry’s death. This included:
- Multiple visits to the accident scene.
- Liaising with Police Scotland to obtain reports and evidence.
- Extensive social media and online investigations.
- Freedom of Information requests to both Police Scotland and the local Council.
Through these enquiries, we uncovered a long history of fallen trees in the area spanning several years prior to the accident.
We also established that the estate owners were aware of recurring tree safety concerns.
Despite claims made online that dangerous trees had previously been reported to the authorities, no such reports were identified through our Freedom of Information investigations.
Estate owners admitted no tree management plans were in place.
We raised a formal claim against the owners of the estate bordering the road from which the tree had fallen. As part of that claim, we requested disclosure of:
- Tree management plans.
- Risk assessments.
- Inspection records.
- Maintenance documentation.
Months passed without any meaningful response.
As preparations were being made to raise court proceedings, the insurers acting on behalf of the estate owners finally admitted that no tree management plans or risk assessments existed.
Civil liability was formally admitted.
Under the Damages (Scotland) Act 2011, damages were awarded to Harry’s immediate family members who had suffered grief and sorrow following his death.
Harry’s family continue to seek answers.
For Harry’s family, this case has never been about compensation.
A young man lost his life in entirely avoidable circumstances. Harry’s family firmly believe more should have been done long before the tree fell across the road.
We continue to scrutinise why no further action was taken by the Crown Office and Procurator Fiscal Service following a police investigation which concluded Harry would have been unable to avoid the tree that lay across his carriageway.
The family believe Harry’s death should now be examined through a Fatal Accident Inquiry, and we fully support that position.
Important lessons must be learned. Landowners with trees bordering public roads have a responsibility to properly assess and manage risks through effective tree management planning.
Vulnerable road users, particularly motorcyclists, face catastrophic consequences when those responsibilities are ignored.
Harry’s life mattered. His death should never have happened.
We remain committed to supporting Harry’s family and to pushing for greater protection for the motorcycle community and all road users from the dangers posed by unsafe and unmanaged trees near public roads.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
Our Recent Case Studies
Untraced driver claim for motorcyclist
Tailored approach makes all the difference in untraced driver claim.
Winning against the odds
A case that could have ended up with a massive miscarriage of justice had Gordon not been told about Motorcycle Law Scotland.
Filtering motorcycle collision claim
A Glasgow motorcyclist injured while legally filtering through slow-moving traffic secured a substantially higher settlement after Motorcycle Law Scotland successfully challenged the insurer's attempt to place equal blame on her.
Motorcyclist hits vehicle in front
Motorcyclist hit vehicle in front but there is NO presumption of negligence. Every case is fact sensitive.
Is it worth 5 minutes of your time?
A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help.
This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.