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, a motorcyclist in his late sixties died at the scene of a collision on the A88 at Larbert, Stirlingshire, in November 2024. The collision occurred at a junction where the A88, known locally as Bellsdyke Road, meets Kincardine Road. A van reportedly pulled out of the side road into the path of the oncoming motorcycle, causing the rider to be thrown from his machine.
As reported by STV News, the driver of the van pleaded guilty to causing death by careless driving. The court heard that alcohol and drug tests were negative, and that the van driver's mobile phone was not in use at the time. A sheriff sentenced the driver to 180 hours of unpaid work and an 18-month driving ban. No custodial sentence was imposed.
STV News reports that the collision was witnessed by two police officers travelling directly behind the van in an unmarked vehicle. The deceased's family were described in court as having had their lives shattered by the incident, and the driver was said to have expressed deep remorse at the scene and afterwards.
Road traffic accident claims in Scotland
When a person dies as a result of a road traffic collision in Scotland, close relatives may be entitled to pursue a civil compensation claim entirely separately from any criminal proceedings. A criminal conviction, or a guilty plea, can be relevant evidence in a civil case, but a civil claim is a distinct legal process with its own rules and burden of proof.
In incidents of this kind, liability in a civil claim often rests with the driver whose actions caused the collision and, in practice, with that driver's motor insurer. All vehicles used on public roads in the United Kingdom are required by law to carry third-party insurance, so there is generally an insurer responsible for meeting a valid claim. Where a vehicle is uninsured, the Motor Insurers' Bureau exists to compensate victims.
Civil claims do not depend on a criminal outcome. A family may pursue compensation even where no prosecution takes place, or where a prosecution does not result in a conviction. The standard of proof in civil cases is lower than in criminal proceedings, requiring only that the claim is established on the balance of probabilities.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim arising from a fatal road accident must ordinarily be brought within three years of the date of death. Missing this deadline can extinguish the right to claim entirely, so it is important to be aware of it.
There are limited circumstances in which a court may allow a claim to proceed beyond the three-year period, for example where a claimant was unaware of a relevant fact for some time. However, courts apply this discretion cautiously. Families are advised not to assume that an extension will be granted and to seek legal advice well within the three-year window.
There is no requirement to act immediately. Many families understandably need time to grieve before they feel ready to consider legal matters, and the three-year limit is intended to give them that space while still providing a clear boundary.
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 fault are entitled to make a claim. The categories of relative who can claim, and what they can recover, are set out in that Act.
Compensation in a fatal case can cover a number of distinct heads of loss, including the following.
- Loss of support: where the deceased financially supported a spouse, partner, child or other dependant, a claim can be made for the income or other practical support that has been lost.
- Funeral costs: reasonable funeral and associated expenses can be recovered as part of a claim.
- Loss of society and guidance: this covers the grief, distress and loss of the deceased's companionship and guidance. It is sometimes referred to as a solatium award. Scottish courts have developed their own approach to valuing this head of loss.
- Personal injury claim on behalf of the estate: where the deceased survived for any period after the incident before passing away, a claim may also be brought on behalf of the estate for the pain and suffering experienced in that period, though in cases of immediate death this element may not arise.
Each family's situation is different. The value of a claim depends on the specific circumstances, the age and relationship of those claiming, the financial dependency involved, and other individual factors. Compensation is intended to reflect real loss rather than to punish the party at fault, and awards are assessed carefully against established legal principles.
It is worth noting that legal fees in personal injury and fatal accident cases are not deducted from the compensation recovered by the family.
Frequently asked questions
Can a family claim compensation even though the driver has already been sentenced in a criminal court?
Yes. Criminal and civil proceedings are entirely separate in Scotland. A guilty plea or conviction in the criminal courts can be useful supporting evidence in a civil claim, but the family must still raise their own civil action. The outcome of criminal proceedings does not automatically result in compensation being paid to relatives.
Who pays the compensation in a fatal road accident claim?
In the vast majority of cases, compensation is paid by the at-fault driver's motor insurer. All drivers on public roads are legally required to hold at least third-party insurance. The family would not typically be pursuing the individual driver personally for funds. If the vehicle was uninsured, a separate route exists through the Motor Insurers' Bureau.
Which relatives are entitled to claim under Scots law?
The Damages (Scotland) Act 2011 sets out which relatives qualify. These include a spouse or civil partner, a person who lived with the deceased as if they were a spouse or civil partner, children, parents, siblings, and certain other close family members. The Act defines the categories clearly, and each qualifying relative may be entitled to a loss of society award.
How long does a fatal accident claim in Scotland typically take?
This varies considerably. Where liability is not seriously disputed, cases can sometimes be resolved without going to court, and may conclude within one to two years. Where liability or the value of the claim is contested, the process can take longer. Families are kept informed at each stage and are under no obligation to accept any settlement offer they do not consider fair.
Is there any time pressure on the family to start a claim straight away?
There is no need to act immediately, and most families require time before they are ready to engage with legal matters. The key deadline under the Prescription and Limitation (Scotland) Act 1973 is three years from the date of death. As long as a claim is raised within that period, the family retains their legal rights. Taking some time is entirely understandable, but the three-year limit should not be overlooked.
Based on reporting by STV News, 16 September 2026. All rights in the original report remain with the publisher.