Based on reporting by STV News, 7 September 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, emergency services were called to Main Street in Linlithgow, West Lothian, in the early hours of Sunday 30 August 2026, following reports of a collision involving a grey Renault Clio and a pedestrian. A man in his late 40s was pronounced dead at the scene. Police Scotland confirmed that the driver of the vehicle did not remain at the scene after the incident occurred.
As reported by STV News, officers subsequently arrested a man in his late 20s in connection with the incident. Police Scotland stated that enquiries to establish the full circumstances of the collision remain ongoing, and officers have appealed for witnesses or anyone with dashcam footage from the area at the relevant time to come forward.
A Police Scotland officer extended condolences to the family of the man who died and confirmed the investigation is continuing. Anyone with information is asked to contact Police Scotland on 101, quoting the relevant incident number.
Fatal road traffic accident claims in Scotland
When a person dies as a result of a road traffic collision in Scotland, their close relatives may be entitled to seek compensation through a civil claim. This is entirely separate from any criminal investigation or prosecution that may follow.
In incidents of this kind, liability often rests with the driver of the vehicle involved, and claims are typically made against that driver's motor insurance policy. Where a driver has failed to stop, cannot be identified, or is found to be uninsured, the Motor Insurers' Bureau (MIB) exists specifically to compensate victims in such circumstances. The MIB operates two schemes: one covering untraced drivers, and one covering uninsured drivers. Both are available to claimants in Scotland and can be relevant in cases involving a driver who fled the scene.
A civil claim for compensation does not depend on the outcome of any criminal proceedings. Families are not required to wait for a criminal case to conclude before pursuing a claim, though evidence gathered during a police investigation may in time be relevant to the civil process.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, there is generally a three-year time limit within which a claim arising from a fatal accident must be brought. For relatives making a claim under the Damages (Scotland) Act 2011, this three-year period typically runs from the date of death.
There are limited circumstances in which a court may exercise discretion to allow a claim to proceed beyond that period, but this is not guaranteed and should not be relied upon. It is therefore sensible for families to seek legal advice before the three-year deadline, even if they do not feel ready to act immediately. There is no obligation to rush, but allowing the time limit to pass without taking any steps could affect the ability to make a claim at all.
In cases involving the MIB's untraced driver scheme, different procedural time limits and reporting requirements may apply, which is another reason why early legal advice can be helpful.
What compensation can cover
Under the Damages (Scotland) Act 2011, certain close relatives of a person who has died as a result of someone else's negligence or wrongdoing may be entitled to compensation. Those who may be eligible include a spouse or civil partner, a cohabiting partner, children, and parents, among others defined in the Act.
A claim of this kind can cover a number of heads of loss, including:
- Loss of support - financial losses suffered by dependants who relied on the deceased's income or contributions to the household.
- Funeral costs - reasonable expenses incurred in arranging the funeral.
- Loss of society and grief - a sum reflecting the grief, distress, and loss of companionship experienced by close relatives. This is sometimes referred to as an award for non-patrimonial loss.
- Services - where the deceased provided care, childcare, or other practical services to family members, the cost of replacing those services may be recoverable.
Each case is different, and the amounts involved will depend on the individual circumstances of the family and their relationship with the person who has died. Fees in cases of this kind are not deducted from the compensation awarded to the family.
Frequently asked questions
Can a family make a civil claim even if the driver has not yet been convicted of a criminal offence?
Yes. Civil and criminal proceedings are separate in Scots law. A family can pursue a compensation claim regardless of whether criminal charges have been brought or a conviction obtained. The standard of proof in civil cases is different from that in criminal proceedings, and a claim can proceed independently of any criminal outcome.
What happens if the driver who caused the death cannot be identified or traced?
In Scotland, the Motor Insurers' Bureau operates a scheme for victims of untraced drivers. Families of a person killed by a driver who fled the scene and was never identified may still be able to seek compensation through this scheme, subject to meeting certain procedural requirements and time limits.
Who counts as a close relative for the purpose of a fatal accident claim in Scotland?
The Damages (Scotland) Act 2011 sets out which relatives are entitled to claim. This includes a spouse or civil partner, a partner who lived with the deceased as if married for at least two years, children, parents, and siblings, among others. Each eligible relative may have a separate entitlement to compensation for loss of society and grief.
How long does a fatal accident compensation claim typically take to resolve?
The timescale varies considerably depending on the complexity of the case, whether liability is disputed, and whether any related criminal proceedings are ongoing. Some claims are resolved within months; others may take longer. Families are not under any pressure to reach a quick settlement, and a claim should only be concluded when the full extent of losses has been properly assessed.
Is there any cost to the family for pursuing a compensation claim?
Many personal injury and fatal accident claims in Scotland are handled on a no-win, no-fee basis, meaning the family does not pay legal fees if the claim is unsuccessful. Fees are not deducted from the compensation the family receives. The precise funding arrangements should be discussed with a solicitor at the outset.
Based on reporting by STV News, 7 September 2026. All rights in the original report remain with the publisher.