Based on reporting by The Press and Journal, 11 October 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, a man in his 40s appeared at Aberdeen Sheriff Court and wept in the dock after admitting causing the death of a friend and colleague, a man in his 60s, in a collision on the A90 near Laurencekirk.
As reported by The Press and Journal, the incident involved a van striking a lorry that had stopped on the road. The man in his 60s died as a result of the collision. The two men are understood to have known each other personally as well as professionally.
The case was heard at Aberdeen Sheriff Court, where a guilty plea was entered. Sentencing details had not been published at the time of reporting.
Road traffic accident claims in Scotland
When a person dies as a result of a road traffic accident in Scotland, their close relatives may be entitled to pursue a civil compensation claim, entirely separately from any criminal proceedings. A conviction or guilty plea in a criminal court can be relevant to a civil claim, but the two processes are independent of one another.
In incidents of this kind, liability in a civil claim often rests with the driver of the vehicle involved, and, importantly, with the motor insurer covering that vehicle. In Scotland, all drivers are legally required to hold at least third-party motor insurance, meaning there is generally an insurer against whom a claim can be made even when the driver themselves has limited means. Where a vehicle is uninsured or the driver cannot be identified, the Motor Insurers Bureau may be able to assist.
Civil claims are assessed on the balance of probabilities, a lower standard of proof than the criminal standard. The existence of a guilty plea in criminal proceedings can make establishing liability in a civil claim more straightforward, though each case is considered on its own facts.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, relatives pursuing a civil claim following a fatal accident in Scotland generally have three years from the date of death in which to raise proceedings. This is known as the limitation period.
It is important to understand that this three-year period does not mean a claim must be resolved within that time. It means that court proceedings must be raised, or a formal claim intimated in a way that preserves the right to do so, before the deadline passes. Once the limitation period expires, the right to claim is ordinarily lost.
There are limited circumstances in which a court may exercise discretion to allow a claim to proceed after the three-year period, but this is not guaranteed and should not be relied upon. Relatives are encouraged to seek advice well within the three-year window so that their position is protected.
What compensation can cover
In Scotland, compensation following a fatal road accident is governed principally by the Damages (Scotland) Act 2011. The Act sets out who is entitled to claim and what heads of loss may be recovered. Close relatives, including a spouse or civil partner, children, and parents, are among those who may have a right to claim.
Compensation in fatal cases can cover a number of distinct losses, including the following.
- Loss of support. Where the deceased contributed financially to the household or provided practical support such as childcare or home maintenance, relatives may claim for the value of that contribution over the period it would otherwise have continued.
- Funeral costs. Reasonable funeral expenses are recoverable as a head of loss in Scotland.
- Grief and loss of society. The Act provides for an award to reflect the grief, sorrow, and loss of the deceased's presence and companionship. This is sometimes referred to as an award for loss of society. It is not a fixed sum and will reflect the closeness of the relationship.
- Services. Where a relative has provided additional care or support to others in the family as a result of the death, this may also be recoverable.
There is no obligation on bereaved relatives to act immediately. The priority in the immediate aftermath of a bereavement is the welfare of the family. The three-year time limit exists precisely so that families have adequate time before any legal steps need to be taken. It is also worth noting that in fatal accident claims pursued through a personal injury lawyer, fees are not deducted from the compensation a family receives.
Frequently asked questions
Can a family pursue a civil claim even though criminal proceedings have already taken place?
Yes. Criminal and civil proceedings are entirely separate in Scots law. A guilty plea or conviction in a criminal court does not prevent close relatives from pursuing a civil compensation claim. In some cases, the outcome of criminal proceedings may assist in establishing the facts relevant to the civil claim, but neither process depends on the other.
Who can claim compensation after a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, a defined group of close relatives is entitled to claim. This includes a spouse or civil partner, children, parents, and siblings in some circumstances. Each family's situation is different, and the extent of any entitlement will depend on the nature of the relationship and the losses suffered.
How long do relatives have to make a claim in Scotland?
The Prescription and Limitation (Scotland) Act 1973 sets a three-year limitation period, running from the date of death. Court proceedings must be raised before that period expires. While a court has limited discretion to allow late claims in exceptional circumstances, this cannot be relied upon, and seeking advice well within the three-year window is strongly advisable.
What if the driver who caused the accident did not have valid insurance?
Where a driver is uninsured or cannot be traced, the Motor Insurers Bureau operates schemes that may allow bereaved relatives to make a claim. The process differs slightly from a standard insurance claim, but the availability of compensation is not necessarily lost simply because the driver lacked valid cover.
Does it matter that the deceased knew the driver personally?
The personal relationship between the deceased and the driver does not prevent relatives from making a civil claim. In practice, a claim is typically made against the driver's motor insurer rather than against the individual personally. The existence of a prior relationship between the parties is a matter for the family to consider, but it does not remove any legal entitlement that close relatives may have.
Based on reporting by The Press and Journal, 11 October 2026. All rights in the original report remain with the publisher.