Guide to claims
Mountain biking is an enjoyable and potentially risky activity, but sometimes the risks mountain bikers are exposed to are well beyond their control. Land upon which mountain biking takes place can be a purpose build trail centre, built and maintained by Forestry and Land Scotland like Glentress, or a privately owned bike park like The Tarland Trails or Glenlivet mountain bike trails. The landowner is under a legal duty to protect those who come onto or use their land against foreseeable risk. If they fail to take steps to mitigate against risk, they may be negligent.
What are mountain bike personal injury claims?
At work and at public mountain bike centres, there are laws which apply a common law duty of care to both employers and service providers to ensure they take reasonable steps to keep those who use their services or who are employed safe. In addition to common law duties, there are statutory obligations which employers and landowners must abide by. The Occupiers’ Liability Act (Scotland) 1960 applies to Forestry and Land Scotland, as well as private estates or organisations who own and operate land used for mountain biking. Those in control of spaces accessible to the public must apply safeguards against risks which users of the land , such as mountain bikers, are likely to encounter. The trails should be fit for purpose and used in accordance with codes of best practice.
How to claim for a mountain bike activity accident?
Mountain bike personal injury claimants must show that either the landowner or activity provider failed to safeguard your health and wellbeing. If you have been injured on a trail due to unsafe design or poor maintenance, here are a few tips :-
• Take as many photographs as you can of your injuries, your mountain bike, the trail you were on and anything else which might be relevant. Photographs are an excellent reference point.
• If you were with others, ask them for their contact details as potential witnesses.
• Seek medical attention and have the cause of your injuries noted. If your accident happened whilst you were at work, log the accident formally.
• Contact Cycle Law Scotland for free advice on whether you have a claim for personal injury.
Frequently Asked Questions
If you've been injured while mountain biking on Forestry Land Scotland trails due to the poor maintenance of the trails, you may have grounds to make a personal injury claim. Forestry Land Scotland has a duty of care to ensure the safety of those using their trails, and if they fail to maintain them to a reasonable standard, they may be held liable for any injuries sustained as a result.
Any injury sustained as a direct result of the poor maintenance of the trails could potentially warrant a personal injury claim. This could include injuries caused by uneven surfaces, poorly maintained features such as jumps or berms, or obstacles obstructing the trail.
It's essential to gather as much evidence as possible to support your claim. This may include photographs or videos of the trail conditions at the time of your accident, witness statements from other mountain bikers who can attest to the state of the trails, and any medical records documenting your injuries and their cause.
If you've been injured while mountain biking on Forestry Land Scotland trails, the first step is to seek medical attention for your injuries. Once you've received the necessary medical care, it's important to document the details of your accident, including the date, time, and location, as well as any relevant information about the condition of the trails.
After that, you may want to consider seeking legal advice from a personal injury solicitor who specialises in cycling accidents. They can help you assess whether you have a valid claim and guide you through the process of pursuing compensation for your injuries.
Yes, there is a time limit, The Prescription and Limitation (Scotland) Act 1973 sets a time limit for making personal injury claims at three years from the date of the accident. However, it's essential to seek legal advice as soon as possible to ensure that you don't miss any deadlines that may apply to your specific.
Common Cycling Accident Scenarios
Our Recent Case Stories
Range Rover collides with cyclist and then blames him
No matter how nice a third party might seem at the scene of the accident, do make sure you note all the details of the driver and vehicle involved.
The importance of good evidence
This case involved a cyclist being hit by a car at a junction where a photo taken at the scene helped secure a straightforward settlement with the third-party insurer.
The Lesser of Two Evils
Martin had to take evasive action as an SUV moved across his path.
Unluckiest cyclist in Scotland
Derek is hit side on by a car which exits from a junction, crosses the road and ploughs straight into him.
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.