Based on reporting by BBC News, 19 September 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a woman in her late 70s died after being struck by a car on East Dock Street in Dundee on a Friday morning in September 2026. The collision is reported to have occurred at around 10:45am. The pedestrian was pronounced dead at the scene.
BBC News reports that the driver of the vehicle involved was not injured. Police Scotland confirmed that inquiries are ongoing and appealed for anyone who witnessed the incident, or who holds relevant dash-cam footage, to come forward. A police officer quoted by BBC News extended condolences to the family of the woman who died.
No cause has been established at this stage, and it would be inappropriate to draw any conclusions while the police investigation continues. Our thoughts are with the family and all those affected by this tragic event.
Fatal road traffic accident claims in Scotland
When a pedestrian is fatally injured in a road traffic collision in Scotland, the law provides a route for close relatives to seek compensation. Claims of this kind are brought under the Damages (Scotland) Act 2011, which sets out who qualifies as a relative and what losses can be claimed for.
In incidents of this kind, liability often rests with the driver of a vehicle involved, where evidence establishes that the driving fell below the standard expected of a reasonable and competent driver. However, liability is always a matter determined by the specific facts of each case, and no assumption of fault should be drawn from the fact that an accident occurred. In Scotland, drivers are required by law to hold valid motor insurance, and compensation claims are typically made against the insurer of the vehicle concerned. Where a driver is uninsured or cannot be traced, the Motor Insurers Bureau may be able to assist.
A claim of this kind does not interfere with any ongoing police or procurator fiscal investigation. Civil and criminal proceedings are separate processes, and a family does not need to wait for any criminal outcome before taking legal advice about a civil compensation claim.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, relatives wishing to bring a compensation claim in Scotland generally have three years from the date of the death in which to do so. This is known as the triennium. If a claim is not raised within that period, it may be lost entirely, regardless of its merits.
There are limited circumstances in which the court has discretion to allow a claim to proceed beyond the three-year period, but this is by no means guaranteed. It is therefore sensible for families to seek legal advice at a time that suits them, without feeling any pressure to act immediately in the aftermath of a bereavement. There is no obligation to move quickly, but it is wise to be aware that the three-year limit does exist.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of someone else's negligence may be entitled to claim for a number of different losses. These can include:
- Loss of support - where the deceased person contributed financially to the household, relatives who depended on that income may be able to claim for the loss of that financial support.
- Funeral costs - reasonable funeral expenses are a recognised head of claim in Scots law.
- Loss of society - this reflects the grief, distress and loss of the companionship, care and guidance that relatives experience as a result of the death. It is sometimes referred to as a solatium award.
- Services - where the deceased person provided practical services to the family, such as childcare, household tasks or care for a dependent, the value of those services may be recoverable.
The relatives who can claim include a spouse or civil partner, children, parents, and in some circumstances siblings and other close family members. Each case is assessed on its own facts, and the amounts awarded will reflect the particular circumstances of the family concerned. Legal fees in cases of this kind are not deducted from any compensation recovered.
Frequently asked questions
Can relatives claim compensation even before the police investigation is concluded?
Yes. Civil compensation claims and criminal or police proceedings are entirely separate processes in Scotland. Relatives do not need to wait for any police inquiry or procurator fiscal decision before seeking legal advice or pursuing a civil claim. In practice, evidence gathered during an investigation can be relevant to a civil case, but it does not need to be concluded first.
Who counts as a close relative for the purposes of a fatal accident claim in Scotland?
The Damages (Scotland) Act 2011 defines which relatives are entitled to claim. This includes a spouse or civil partner, children, parents, siblings, and certain other family members. Each category of relative may be entitled to different heads of loss, and the amounts will vary depending on the nature and closeness of the relationship with the person who died.
What if the driver was uninsured or cannot be identified?
In Scotland, as elsewhere in the UK, the Motor Insurers Bureau exists to provide compensation in cases where the responsible driver was uninsured or has fled the scene and cannot be traced. Separate schemes exist for each situation, and a legal adviser can assist with making a claim through the appropriate route where standard insurance routes are unavailable.
How long does a fatal accident compensation claim typically take in Scotland?
The length of time varies considerably depending on the complexity of the case, whether liability is disputed, and the extent of the losses being claimed. Some cases are resolved within months through negotiation with an insurer, while others may take considerably longer, particularly where liability is contested or where financial dependency must be carefully assessed and evidenced.
Is there any cost to the family for pursuing a compensation claim?
Most personal injury and fatal accident solicitors in Scotland offer to handle claims on a no win, no fee basis, which means families face no financial risk if a claim is unsuccessful. Legal fees are not deducted from any compensation that is recovered, so the full amount awarded goes to the family.
Based on reporting by BBC News, 19 September 2026. All rights in the original report remain with the publisher.