Based on reporting by STV News, 16 September 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, emergency services were called to a collision on the A716 near Drummore in the Rhins of Galloway at around 9.30am on Wednesday 16 September 2026. The incident involved a lorry, and a man in his mid-50s was pronounced dead at the scene.
As reported by STV News, Police Scotland confirmed that the road remained closed following the collision and that enquiries are ongoing. Officers have appealed for witnesses to come forward, and anyone with dash-cam footage has been asked to contact Police Scotland on 101, quoting incident 0739 of 16 September 2026.
A police spokesperson was quoted as saying that thoughts are with the family and friends of the man who died, and that the investigation is at an early stage. No cause for the collision has been stated at this time.
Fatal road accident claims in Scotland
When a person dies as a result of a road traffic collision, their close relatives may have the right to pursue a compensation claim under Scots law. These claims are governed primarily by the Damages (Scotland) Act 2011, which sets out who is entitled to claim and what losses can be recognised.
In incidents of this kind, liability often rests with the driver or drivers involved, or with the organisations responsible for the vehicles being operated on public roads. Insurers for the vehicles concerned typically handle any resulting claims. Where a commercial vehicle is involved, the employer or operator of that vehicle may also be relevant to any civil proceedings, depending on the circumstances established by investigation. It would be wrong to draw any conclusions about liability in this particular case while enquiries are ongoing.
Claims of this kind are entirely separate from any criminal or fatal accident inquiry process. A civil compensation claim can proceed alongside, or after, any such proceedings, and does not require a criminal conviction to succeed.
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 the Scottish courts. In a fatal accident case, this period typically runs from the date of death.
There is no requirement to act immediately. Families who have recently lost a loved one should not feel pressured to begin a legal process while they are still coming to terms with their loss. The three-year window is intended to allow time for reflection and for investigations to progress, while still protecting the right to seek justice. It is, however, important not to allow that period to pass without taking legal advice, as late claims can be refused by the courts in most circumstances.
In some situations involving younger claimants, such as children of the deceased, different rules around limitation may apply, and legal advice should be sought to understand how those rules affect any particular case.
What compensation can cover
Under the Damages (Scotland) Act 2011, certain close relatives of a person who has died as a result of another party's negligence may be entitled to claim compensation. Those who may be entitled include a spouse or civil partner, a cohabiting partner, children, and parents, among others listed in the Act.
Compensation in these cases can cover a range of recognised losses, including the following.
- Loss of support: where the deceased contributed financially to the household, dependants may be able to claim for the income or financial support that has been lost.
- Funeral expenses: reasonable costs associated with the funeral and burial or cremation can form part of a claim.
- Loss of society and grief: Scots law recognises the non-financial impact of bereavement. This is sometimes referred to as solatium, and acknowledges the distress, grief, and loss of the deceased's company and guidance that close relatives experience.
- Services the deceased provided: where the deceased carried out practical tasks in the home, such as childcare, maintenance, or other support, the cost of replacing those services may be recoverable.
The amounts involved in these cases vary considerably depending on individual circumstances, including the age of the deceased, the nature of the relationships involved, and the financial dependency of those left behind. Any assessment of value requires careful consideration of the specific facts.
It is worth noting that in Scotland, legal fees in personal injury and fatal accident claims are not deducted from the compensation recovered by the claimant.
Frequently asked questions
Who can make a claim following a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, certain close relatives are entitled to claim. This includes a spouse or civil partner, a cohabiting partner of at least two years, children of the deceased, and parents. Each eligible relative may have a separate entitlement, and the exact position depends on the individual circumstances of the family.
Does a criminal prosecution need to happen before a civil claim can be made?
No. A civil compensation claim is entirely separate from any criminal proceedings or fatal accident inquiry. It is possible to pursue a civil claim regardless of whether a prosecution takes place, and a criminal conviction is not required for a civil claim to succeed. The standard of proof in civil cases is also lower than in criminal proceedings.
How long do relatives have to make a claim after a fatal accident?
In most cases, the Prescription and Limitation (Scotland) Act 1973 sets a three-year time limit running from the date of death. There is no obligation to act straight away, but it is important to seek legal advice well before that period expires, as the courts will generally not accept late claims.
What if the deceased was partly responsible for the collision?
Under Scots law, a concept known as contributory negligence may apply where the deceased is found to have contributed to the accident. In such cases, compensation is not automatically excluded, but the amount awarded may be reduced in proportion to the degree of responsibility attributed to the deceased. Each case is assessed on its own facts.
Will the family have to pay legal fees from the compensation they receive?
In Scotland, personal injury and fatal accident claims are typically handled on the basis that legal fees are not deducted from the compensation the claimant receives. Families should discuss the fee arrangement clearly with any solicitor they instruct before proceeding.
Based on reporting by STV News, 16 September 2026. All rights in the original report remain with the publisher.