Based on reporting by BBC News, 25 October 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a man in his late 50s from the Torry area of Aberdeen died after being struck by a lorry on Victoria Road on a Friday morning in late October 2026. He was pronounced dead at the scene, with the incident reported to have occurred at around 10:10 in the morning.
As reported by BBC News, a sergeant from Police Scotland confirmed that inquiries are ongoing and that officers are appealing for anyone who witnessed the collision, or who holds relevant dashcam footage, to come forward to assist with the investigation.
BBC News also reported that the Scottish Ambulance Service dispatched a special operations response team, a paramedic response unit and an ambulance to the scene.
Road traffic accident claims in Scotland
When a pedestrian loses their life in a road traffic collision, the question of civil liability is separate from any criminal or police investigation. In incidents of this kind, liability often rests with the driver of the vehicle involved, the owner or operator of the vehicle, or both, depending on the circumstances established during enquiry.
In Scotland, drivers are required by law to hold motor insurance, and claims for compensation following a fatal road traffic accident are typically made against that insurance policy. Where a vehicle is uninsured or the driver cannot be identified, the Motor Insurers Bureau may handle the claim on behalf of the injured party or the deceased person's family.
It is important to note that a civil compensation claim does not depend on a criminal prosecution being brought or succeeded. The standards of proof differ, and families may pursue a civil claim regardless of the outcome of any police investigation or criminal proceedings.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, there is generally a three-year time limit within which a claim must be raised in court. In a fatal accident case, that period typically runs from the date of death.
There are limited circumstances in which the court may exercise discretion to allow a claim beyond that period, but this is not guaranteed and should not be relied upon. While there is no obligation on a family to act immediately, and it is entirely appropriate to take time to grieve before considering legal matters, it is advisable to seek information well within the three-year window so that evidence, witnesses and documentation can be preserved.
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 negligence may be entitled to seek compensation. The categories of loss that can be considered include the following.
- Loss of support: Where the deceased contributed financially to the household or to dependants, a claim may be made for the financial support that has been lost as a result of the death.
- Funeral costs: Reasonable funeral and burial or cremation expenses incurred by the family are recoverable as part of a claim.
- Grief and loss of society: Scots law recognises that close relatives suffer a profound personal loss. The Damages (Scotland) Act 2011 provides for an award known as loss of society, which reflects the grief, sorrow and loss of the deceased person's companionship and guidance. This is distinct from a payment for financial loss.
- Distress and anxiety: Close relatives who witnessed the incident or its immediate aftermath may also have a basis for a claim for the psychological impact of that experience.
The relatives who may be eligible to claim include a spouse or civil partner, a cohabitant, children, parents and siblings, though the precise entitlement depends on the relationship and the circumstances of each case.
It is worth knowing that in many cases, legal fees are not deducted from any compensation that is recovered.
Frequently asked questions
Can a family make a compensation claim before the police investigation has concluded?
Yes. A civil compensation claim is a separate process from a police or criminal investigation. Families do not need to wait for any investigation or prosecution to conclude before seeking legal advice or beginning a civil claim. The two processes run independently of one another.
Who can make a claim following a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, a defined group of close relatives may be entitled to claim. This includes a spouse or civil partner, a cohabitant who lived with the deceased, children, parents and siblings. Each relative's entitlement depends on their relationship and individual circumstances.
What if the lorry driver's insurer disputes liability?
In incidents of this kind, insurers may dispute the extent of their liability or the level of compensation owed. Where a dispute arises, a claim may proceed through negotiation or, if necessary, through the Scottish courts. Having proper legal representation helps ensure that a family's position is properly presented and protected throughout that process.
How long does a fatal accident compensation claim take to resolve in Scotland?
The timescale varies considerably depending on the complexity of the case, whether liability is disputed, and the extent of the losses being claimed. Some claims are resolved through negotiation within months; others may take considerably longer, particularly where court proceedings become necessary or where financial losses require detailed assessment.
Does making a compensation claim affect any other benefits or entitlements a family might receive?
This depends on individual circumstances. Some state benefits are means-tested and a compensation award could, in principle, affect eligibility. This is a matter that should be discussed with an adviser who can consider the specific situation, as the rules can be complex and the impact differs from case to case.
Based on reporting by BBC News, 25 October 2026. All rights in the original report remain with the publisher.