Based on reporting by Glasgow Times, 13 October 2026. All rights in the original report remain with the publisher.
What was reported
According to the Glasgow Times, an 84-year-old man died in hospital after his mobility scooter was struck by a car at the Gartlea roundabout in Airdrie. The collision is reported to have occurred in the early evening as the driver pulled out from a health centre car park onto the roundabout.
As reported by the Glasgow Times, the driver, a man in his 40s from Coatbridge, admitted at Airdrie Sheriff Court to causing the pensioner's death by driving carelessly. The court heard that the driver had been watching for traffic approaching from one direction and did not pay sufficient attention to the mobility scooter user, who had moved from a dropped kerb to cross the road. Members of the public, including an off-duty doctor, went to assist at the scene. The pensioner was taken to hospital but died six days later. The driver was reported to have tested negative for alcohol and drugs.
The Glasgow Times reports that the case was heard at Airdrie Sheriff Court, where the driver entered a guilty plea to the charge of causing death by careless driving.
Road traffic accident claims in Scotland
When a person is killed in a road traffic collision, their close relatives may have a right to pursue a civil compensation claim, separate from any criminal proceedings. A guilty plea or conviction in a criminal court can be relevant to a civil claim, but the two processes are independent of one another. A criminal outcome does not automatically result in civil compensation, and families do not have to wait for criminal proceedings to conclude before seeking legal advice about a civil claim.
In incidents of this kind, liability in a civil claim often rests with the driver of the vehicle involved, or with the insurer of that vehicle. All vehicles driven on public roads in the United Kingdom are required by law to carry at least third-party insurance, which means there is generally an insurer to pursue rather than an individual. Where a driver is uninsured or untraced, the Motor Insurers' Bureau may be able to assist.
Vulnerability of a road user, such as an older person using a mobility scooter, is a factor that courts and insurers consider in the context of a driver's duty of care. In general terms, drivers are expected to be aware of all road users, including those at dropped kerbs and crossing points, particularly near roundabouts and car park exits where pedestrians and mobility aid users may be present.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, relatives wishing to bring a civil compensation claim in Scotland following a fatal accident generally have three years from the date of death in which to do so. This is a strict legal deadline and, in most circumstances, the courts do not have discretion to extend it.
Whilst there is no obligation to act immediately, it is sensible for families to seek legal advice at a point that allows time for investigations to be carried out, evidence to be gathered, and the claim to be properly prepared. Witnesses' recollections fade and documentary evidence can become more difficult to obtain as time passes, so earlier advice is usually preferable to later.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of another party's fault may be entitled to a number of heads of compensation. These can include the following.
- Loss of society: This covers the grief, sorrow and loss of the deceased's companionship and guidance. It is sometimes referred to as a solatium award for relatives.
- Loss of support: Where the deceased contributed financially or practically to the lives of dependants, relatives may claim for the financial loss they have sustained as a result of the death.
- Funeral expenses: Reasonable costs associated with the funeral and related arrangements can form part of a claim.
- Personal injury element: Where the deceased survived for a period after the accident, as in this type of case, the estate may also have a claim for the pain and suffering endured during that period.
The level of any award depends on the individual circumstances of each case, including the closeness of the relationship between the claimant and the deceased, the nature of any financial dependency, and the extent of any suffering prior to death. Awards vary considerably and it is not possible to give a general figure.
It is also worth noting that personal injury solicitors in Scotland commonly act on a no-win, no-fee basis, and any fees are not deducted from the compensation award itself.
Frequently asked questions
Can a family pursue a civil claim even though the driver has already pleaded guilty in a criminal court?
Yes. Criminal and civil proceedings are entirely separate in Scotland. A guilty plea or conviction may be useful evidence in a civil claim, but it does not replace the civil process. Families are entitled to pursue a compensation claim through the civil courts regardless of what has happened in the criminal case.
Who pays compensation in a road traffic accident claim in Scotland?
In most cases, compensation is paid by the driver's motor insurer rather than the driver personally. All vehicles on public roads must be insured by law. If a driver is uninsured, the Motor Insurers' Bureau operates a scheme that can provide compensation to victims of uninsured or hit-and-run drivers.
Which relatives are entitled to claim under the Damages (Scotland) Act 2011?
The Act sets out a list of qualifying relatives, which includes a spouse or civil partner, a cohabitant of at least two years, children, parents, siblings, and certain other close family members. Each qualifying relative may be entitled to their own award for loss of society, depending on the closeness of their relationship with the deceased.
Does the family need to wait for the criminal case to finish before starting a civil claim?
No. A civil claim can be pursued independently and does not need to wait for criminal proceedings to conclude. In practice, many families choose to take legal advice soon after the incident and allow their solicitor to monitor the criminal case, but there is no legal requirement to wait.
What if the person who died was considered vulnerable or had a disability?
The vulnerability of a road user does not reduce their right to compensation. Drivers owe a duty of care to all road users, including older people and those using mobility aids. In some circumstances, the particular vulnerability of a victim may be a factor in assessing the overall award, and it does not act as a bar to a claim being made.
Based on reporting by Glasgow Times, 13 October 2026. All rights in the original report remain with the publisher.