Based on reporting by Glasgow Live, 8 October 2026. All rights in the original report remain with the publisher.
What was reported
According to Glasgow Live, a sheriff court in Airdrie heard how a driver lost control of his vehicle on Caldercruix Road in Carluke during what a police officer described as "treacherous" conditions, with slush covering the road surface. The car crossed onto the wrong side of the road and collided with an oncoming vehicle. A jury convicted the driver of causing serious injury by careless driving, having rejected the more serious charge of dangerous driving.
As reported by Glasgow Live, the other motorist involved, a nurse in her late thirties, was knocked unconscious and had to be cut free from her vehicle by firefighters. She sustained a fractured breastbone and bruising to the lung, required emergency surgery to stop internal bleeding, and spent ten days in hospital. She was also reportedly absent from work for two months following the collision.
The court also heard, according to Glasgow Live, that the injured woman has since experienced anxiety, panic attacks and post-traumatic stress disorder. She described difficulty returning to driving and said being a passenger is particularly distressing because she has no sense of control. The verdict followed a contested trial at Airdrie Sheriff Court.
Road traffic accident claims in Scotland
A criminal conviction following a road collision can be significant in the context of a civil compensation claim, but the two processes are entirely separate. A person injured in a road traffic accident in Scotland may pursue a personal injury claim through the civil courts regardless of whether criminal proceedings have taken place or resulted in a conviction.
In incidents of this kind, liability in civil law often rests with the driver whose actions fell below the standard expected of a reasonable and competent motorist. Where a vehicle crosses onto the wrong side of the road and collides with an oncoming vehicle, the circumstances will be examined carefully by insurers and, where necessary, a court. The driver's motor insurance policy is typically the primary source of any compensation paid to an injured party.
Where road or weather conditions are a contributing factor, the question of how a reasonable driver ought to have adjusted their speed and driving behaviour in those conditions will also be relevant. It is worth noting that the standard of care expected of drivers does not fall simply because conditions are difficult; in many respects, poor conditions demand greater caution.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a person injured in a road traffic accident in Scotland generally has three years from the date of the accident to raise a court action for compensation. Missing this deadline will ordinarily result in the claim being time-barred, meaning the right to pursue it is lost entirely.
There are limited exceptions. Where a claimant did not become aware of the connection between the accident and their injuries until a later date, the three-year period may begin from that point of awareness rather than the date of the incident itself. For children injured in accidents, the three-year period does not begin until their eighteenth birthday, giving them until the age of twenty-one to raise proceedings.
Psychological injuries such as PTSD, which may not be formally diagnosed until some time after the original incident, can raise particular questions about when the limitation period begins. Anyone who believes they may have a claim is strongly advised to seek legal advice promptly, well before the three-year deadline approaches.
What compensation can cover
Compensation in a Scottish personal injury claim is made up of several heads of loss. These include:
- Solatium - the sum awarded for pain, suffering and loss of amenity. This reflects both physical injuries such as a fractured breastbone and bruised lung, and psychological harm such as PTSD, panic attacks and anxiety.
- Loss of earnings - where an injured person has been unable to work as a result of their injuries, they may claim for income lost during that period. Where future earnings capacity is affected, a further award may be made.
- Care and assistance - if the injured person required help with personal care, household tasks or other daily activities during their recovery, the value of that assistance can form part of a claim.
- Treatment costs - reasonable costs of private medical treatment, physiotherapy, psychological therapy or counselling may be recoverable.
- Travel and other expenses - costs associated with attending medical appointments, including transport costs, may also be claimed.
Psychological injuries are taken seriously by Scottish courts and can attract significant awards, particularly where they affect a person's ability to work, travel or maintain their quality of life. It is important that all aspects of an injury, both physical and mental, are fully documented by appropriate medical professionals.
One practical point worth knowing: unlike most Scottish personal injury firms, some claims services charge no success fee at all, meaning clients keep 100% of the compensation they are awarded. Most firms deduct up to 20% from a claimant's settlement as a success fee, which can amount to thousands of pounds on larger awards. It is always worth asking about fee arrangements before instructing anyone.
Frequently asked questions
Can I claim compensation if the other driver has been convicted of a driving offence?
A criminal conviction can support a civil compensation claim, but the two processes are separate. You do not need a conviction to pursue a personal injury claim. However, where a driver has been found guilty of a driving offence arising from the same incident, that finding can be relevant evidence in civil proceedings.
Can I claim for psychological injuries such as PTSD after a road accident?
Yes. Scottish courts recognise psychological harm, including PTSD, anxiety and panic disorders, as valid heads of loss in personal injury claims. A formal diagnosis from a qualified medical professional will be important, and an independent medical report will usually be obtained as part of the claims process.
What happens if I was partly responsible for the collision?
In Scotland, a principle known as contributory negligence applies. If a court finds that you were partly to blame for an accident, your compensation may be reduced by a percentage reflecting your share of responsibility. This does not necessarily prevent a claim altogether; it depends on the specific circumstances and the degree of fault attributed to each party.
How long does a road traffic accident claim take to resolve in Scotland?
Timescales vary depending on the complexity of the case and whether liability is disputed. Straightforward claims where liability is admitted may settle within several months. Cases involving serious injuries, contested liability or disputed medical evidence can take considerably longer, sometimes several years if court proceedings are required.
Does a road traffic accident claim go to court?
The majority of personal injury claims in Scotland are settled through negotiation between the injured person's legal representative and the at-fault driver's insurer, without the need for a court hearing. Court proceedings may be raised to protect the limitation period or to progress matters if negotiations stall, but a proof hearing before a judge remains relatively uncommon in straightforward cases.
Based on reporting by Glasgow Live, 8 October 2026. All rights in the original report remain with the publisher.