Based on reporting by Glasgow Live, 28 September 2026. All rights in the original report remain with the publisher.
What was reported
According to Lanarkshire Live, a road worker in his early 50s was handed a five-year driving ban and ordered to complete 250 hours of unpaid work after causing a serious collision on the M74 near junction 9 at Blackwood. The incident reportedly occurred on the evening of 28 February last year, when a flatbed works van moved from the hard shoulder and across a live lane of the motorway without the driver checking for oncoming traffic.
As reported by Lanarkshire Live, a Mercedes car travelling north was struck head-on, with the car becoming lodged beneath the flatbed section of the van. Debris from the van was scattered across the carriageway and struck other vehicles. The driver of the Mercedes, a woman in her late 20s, sustained a leg fracture requiring surgery, while a female passenger suffered a minor spinal fracture. Hamilton Sheriff Court heard the driver had admitted causing serious injury by driving dangerously while over the alcohol limit, and he freely told police he had been attempting an unauthorised U-turn on the motorway to reach a work site located between junctions 9 and 10. The court ordered him to pay £5,000 compensation to the injured driver.
The sheriff had reportedly indicated that a custodial sentence was possible, but following consideration of background reports, a community-based disposal was imposed instead. The court heard the driver had two prior drink-driving convictions on his record, according to Lanarkshire Live.
Road traffic accident claims in Scotland
A criminal court disposing of a case, including any compensation order made there, does not remove an injured person's right to pursue a separate civil claim for personal injury through the Scottish courts or via insurance negotiations. In fact, a criminal conviction can strengthen a civil claim considerably, because the standard of proof required in civil proceedings is lower than in criminal ones.
In incidents of this kind, liability in a civil claim will typically be considered against the driver whose actions caused the collision. Where that driver was operating a vehicle in the course of employment or using a works vehicle, questions about the employer's potential liability may also arise, though this is always a matter of examining the specific circumstances of each case. Every driver in Scotland is legally required to hold motor insurance, and claims for injury are most commonly pursued against the at-fault driver's insurer. Where no valid insurance exists, the Motor Insurers' Bureau may be able to compensate victims.
It is worth noting that a compensation order made in a criminal court is separate from, and will usually be far lower than, what might be recovered through a full civil personal injury claim. A criminal court compensation order is not an assessment of the full value of a victim's losses; it is a punitive measure imposed on the offender.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, injured parties in Scotland generally have three years from the date of the accident in which to raise a court action for personal injury. Missing this deadline can extinguish the right to claim entirely, so it is important not to delay in seeking advice.
There are some exceptions worth being aware of. Where an injured person was under 16 at the time of the accident, the three-year period does not begin until their 16th birthday. Where a person lacked legal capacity at the time of the accident due to a medical condition, the three-year period may run from when capacity was regained. Scottish courts do retain a discretion to allow late claims in certain circumstances, but this discretion is applied narrowly and relying on it is a significant risk.
Given that the incident described here occurred in early 2025, anyone injured who has not yet pursued a civil claim should be aware that time is passing and should seek legal advice promptly.
What compensation can cover
A successful personal injury claim in Scotland can cover a range of losses, both financial and non-financial. These typically include:
- Solatium - this is the Scottish legal term for general damages, covering the pain, suffering and loss of amenity caused by the injury itself. For a leg fracture requiring surgery on a knee broken in three places, this element alone can be substantial.
- Loss of earnings - any wages lost while off work recovering, and any future loss of earning capacity if the injury has a lasting effect on the ability to work.
- Care and assistance - if an injured person needed help from family or friends with everyday tasks during recovery, a value can be placed on that care even if it was provided informally and without payment.
- Medical treatment and rehabilitation - costs of physiotherapy, private consultations, prescription charges and any other treatment costs reasonably incurred.
- Travel expenses - the cost of attending medical appointments, physiotherapy sessions and court hearings connected to the claim.
- Future losses - where injuries are ongoing or permanent, future costs of treatment, care or reduced earnings can be calculated and included.
At Scotland Claims, injured clients keep 100% of their compensation because we charge a 0% success fee. Most personal injury firms in Scotland deduct up to 20% from a client's damages as a success fee, which can amount to a significant sum in serious injury cases. We believe the compensation awarded belongs entirely to the person who was injured.
Frequently asked questions
Can I still claim compensation if the driver was already ordered to pay me money by the criminal court?
Yes. A criminal court compensation order is entirely separate from a civil personal injury claim. The amount ordered in a criminal court is typically a fraction of what a full civil claim might recover, and receiving a criminal court payment does not prevent you from pursuing the full value of your losses through a civil claim against the driver's insurer.
What if the road worker's employer partly contributed to the incident?
Whether an employer bears any responsibility depends on the specific facts of each case, including whether the vehicle was being used with the employer's knowledge, on employer business, and within the scope of employment. This is something a solicitor would investigate during the claims process. In incidents involving works vehicles, it is always worth examining the employment context carefully.
The passenger in the Mercedes also suffered an injury. Can she claim too?
Yes, any person injured in a road traffic accident caused by another driver's fault can make their own personal injury claim. Each claim is assessed individually based on that person's particular injuries, losses and circumstances. Being a passenger rather than the driver makes no difference to the right to claim in Scotland.
How long does a road traffic accident claim typically take to resolve in Scotland?
Straightforward claims where liability is not contested can sometimes settle within several months. Claims involving serious injury, disputes over liability, or complex ongoing medical prognosis can take considerably longer, sometimes two years or more. Where a criminal conviction is already in place, the question of fault is often easier to establish, which can assist in resolving the civil claim more efficiently.
Does it matter that the driver was over the drink-drive limit?
In a civil personal injury claim, the reason for the dangerous driving is less important than establishing that the driver's conduct caused the injuries. However, where a driver has been convicted of a criminal offence arising from the same incident, that conviction is admissible as evidence in civil proceedings and can make establishing liability more straightforward for an injured claimant.
Based on reporting by Glasgow Live, 28 September 2026. All rights in the original report remain with the publisher.