Based on reporting by BBC News, 4 October 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, the family of a 19-year-old who died in a road crash near Bannockburn Interchange on the A91 in March 2024 are pursuing a civil claim for compensation against the driver of the vehicle involved. A second teenager, aged 17, also died in the same collision, in which a car is reported to have spun onto the opposing carriageway and been struck by a heavy goods vehicle on a stretch of road understood locally to have a reputation for becoming slippery in wet conditions.
BBC News reports that the driver, who had held his licence for approximately one month at the time of the incident, was acquitted at Stirling Sheriff Court following a five-day trial on charges of causing death by careless driving. He was himself seriously injured in the crash and, according to reporting of the trial, had no memory of the events leading up to the collision. The trial also heard evidence regarding data from an in-vehicle recording device and questions raised about the thoroughness of subsequent road and vehicle checks.
A legal representative confirmed to BBC News that a civil action has now been raised in the Court of Session on behalf of the deceased teenager's family, seeking a six-figure sum and alleging negligence. The acquittal in the criminal proceedings does not prevent a separate civil action, as the two processes operate under different legal standards of proof.
Road traffic accident claims in Scotland
When a person is killed in a road traffic collision in Scotland, close relatives may be entitled to seek compensation through the civil courts, regardless of whether any criminal proceedings have taken place or resulted in a conviction. This is because a criminal prosecution requires guilt to be established beyond reasonable doubt, whereas a civil claim is decided on the balance of probabilities, a lower threshold.
In incidents of this kind, liability often rests with the driver of the vehicle involved, their motor insurer, or in some circumstances another party whose actions or omissions may have contributed to the collision. Where a vehicle is insured, as is a legal requirement in the United Kingdom, any successful civil claim would ordinarily be met by the insurer rather than the individual driver personally. In cases where a vehicle is uninsured or the driver cannot be traced, the Motor Insurers' Bureau may be able to provide compensation to eligible claimants.
A civil claim does not depend on a criminal conviction, and families are not required to wait for any criminal process to conclude before instructing a solicitor or raising an action.
Time limits
In Scotland, the general time limit for personal injury and fatal accident claims is three years. This is set out in the Prescription and Limitation (Scotland) Act 1973. In a fatal case, the three-year period typically runs from the date of the death rather than the date of any subsequent criminal verdict.
There are some limited circumstances in which the court has discretion to allow a claim to proceed outside the three-year window, but this is not guaranteed and relying on such discretion carries significant risk. It is therefore advisable for families to seek legal advice well within the three-year period, even if they are not yet certain they wish to proceed with a formal claim.
Where the deceased or a potential claimant was under 16 at the time of the incident, different rules may apply and legal advice should be sought regarding the specific circumstances.
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 a range of heads of compensation. These can include the following.
- Loss of society and grief: This is known as a non-patrimonial award and reflects the emotional loss suffered by close family members, including the loss of the deceased's companionship, care and support within the family unit.
- Loss of financial support: Where the deceased contributed financially to the household or was expected to do so in the future, relatives may claim for that lost economic support.
- Funeral costs: Reasonable expenses associated with the funeral and burial or cremation can be recovered as part of a claim.
- Personal belongings: In some cases, the reasonable value of clothing or possessions damaged or lost in the incident may also be recoverable.
The relatives who are entitled to claim, and the level of award available to each, depend on their relationship to the deceased and the specific circumstances of the case. A solicitor with experience in fatal accident claims in Scotland will be able to advise on which family members qualify and what a realistic range of compensation might look like.
There is no obligation on families to act quickly beyond the legal time limit. Fees are not deducted from any compensation that is awarded.
Frequently asked questions
Can a family claim compensation even if the driver was acquitted in a criminal court?
Yes. A criminal acquittal does not prevent a civil claim in Scotland. The civil courts apply a different and lower standard of proof, namely the balance of probabilities, rather than the criminal standard of beyond reasonable doubt. It is therefore possible for a civil claim to succeed in circumstances where a criminal prosecution did not.
Who pays the compensation if a civil claim succeeds?
In most road traffic cases, compensation is paid by the driver's motor insurer rather than by the individual personally. If the vehicle was not insured, or the driver cannot be identified, the Motor Insurers' Bureau operates a scheme that may provide compensation to eligible claimants in Scotland.
Which family members can claim under the Damages (Scotland) Act 2011?
The Act sets out a list of qualifying relatives, which includes parents, spouses, civil partners, siblings and children of the deceased. The precise entitlement of each relative depends on their relationship and the facts of the case. A solicitor can advise on which family members qualify and the likely value of each individual claim.
How long does a civil compensation claim take to resolve?
The timescale varies considerably depending on whether liability is disputed, the complexity of the evidence and whether the matter proceeds to a court hearing or is settled beforehand. Some claims are resolved within months; others, particularly those involving disputed liability or significant financial loss, may take considerably longer. Families should not feel pressured to accept an early settlement without proper legal advice.
Does starting a civil claim mean the family will have to go to court?
Not necessarily. Many civil claims in Scotland are settled by negotiation between solicitors and insurers without the need for a full court hearing. However, where liability is strongly disputed or agreement on the level of compensation cannot be reached, the case may proceed to a proof before a judge. A solicitor will advise on the prospects of settlement and the implications of proceeding to court.
Based on reporting by BBC News, 4 October 2026. All rights in the original report remain with the publisher.