Based on reporting by Glasgow Times, 18 September 2026. All rights in the original report remain with the publisher.
What was reported
According to the Glasgow Times, a man in his early 30s was taken to hospital after being struck by a white Ford Focus on Sturrock Street in Kilmarnock on the evening of 16 September 2026. Emergency services attended the scene, and the road was closed for investigation before reopening approximately two hours later.
As reported by the Glasgow Times, Police Scotland confirmed that enquiries are ongoing to establish the full circumstances of the collision. Officers are appealing for witnesses to come forward and have asked anyone with information to contact Police Scotland on 101, quoting the relevant incident number.
Road traffic accident claims in Scotland
When a pedestrian is injured in a road traffic collision in Scotland, they may be entitled to pursue a personal injury claim for compensation. Pedestrians are among the most vulnerable road users, and Scots law recognises this. In incidents of this kind, liability often rests with the driver of the vehicle involved, though the precise circumstances of each case must be examined carefully before any conclusions about fault can be drawn.
Claims are typically made against the at-fault driver's motor insurance policy. All vehicles driven on public roads in the UK are required by law to carry third-party insurance, meaning there should be an insurer to meet any valid claim. Where a vehicle is uninsured or the driver cannot be traced, the Motor Insurers' Bureau (MIB) exists specifically to compensate victims of uninsured and untraced drivers, so injured pedestrians are not left without a route to redress in those circumstances either.
To succeed in a claim, the injured person must generally show that another party owed them a duty of care, that duty was breached, and that the breach caused their injuries and losses. A personal injury solicitor experienced in road traffic accident claims can assess the evidence, gather witness statements, obtain police reports, and negotiate with insurers on the claimant's behalf.
Time limits
In Scotland, the right to raise a personal injury action is governed by the Prescription and Limitation (Scotland) Act 1973. In most cases, a claim must be brought within three years of the date of the accident, or within three years of the date on which the injured person became aware that their injuries were attributable to the incident, whichever is later.
There are important exceptions to this general rule. Where the injured person is under the age of 16 at the time of the accident, the three-year period does not begin to run until their 16th birthday. Similarly, the court retains a discretion to allow a claim to proceed outside the time limit in certain circumstances, though this is not guaranteed. It is always advisable to take legal advice as early as possible after an accident rather than waiting until the time limit is close to expiring, as gathering evidence becomes more difficult as time passes.
What compensation can cover
A successful personal injury claim in Scotland can include several distinct heads of loss, and it is worth understanding what can realistically be recovered.
- Solatium: This is compensation for the pain, suffering, and loss of amenity caused by the injuries themselves. The amount depends on the nature and severity of the injuries and how long they affect the claimant's quality of life.
- Loss of earnings: If the injured person is unable to work, either in the short term or on a longer-term basis, lost income past and future can be claimed. Self-employed individuals can also claim for lost profits.
- Care and assistance: Where a family member or friend has had to provide care, or where professional care has been required, the reasonable cost or value of that care can be included in the claim.
- Medical treatment and rehabilitation: Out-of-pocket expenses for physiotherapy, medical appointments, prescription costs, and other treatment directly related to the injuries are recoverable.
- Travel expenses: The cost of travelling to medical appointments or hospital visits can also form part of the claim.
- Damage to personal property: If clothing or other belongings were damaged in the accident, their replacement value may be recoverable.
It is worth noting that at Scotland Claims, clients keep 100% of their compensation. Unlike many Scottish firms that deduct up to 20% of the award as a success fee, our 0% success fee model means every penny of what is awarded goes to the person who deserves it.
Frequently asked questions
Can a pedestrian claim compensation if they were partly responsible for the accident?
Yes, in many cases. Scots law allows for contributory negligence, which means that if the injured pedestrian was partly at fault, their compensation may be reduced by a percentage reflecting their share of responsibility. However, a partial contribution to an accident does not automatically bar a claim, and legal advice should always be sought.
What should I do if I was injured as a pedestrian in a road accident?
Seek medical attention immediately, as your health is the priority and medical records will also support any future claim. If possible, note the vehicle registration, take photographs of the scene, and obtain contact details from any witnesses. Report the incident to Police Scotland and keep records of any expenses you incur as a result of your injuries.
How long does a pedestrian injury claim typically take in Scotland?
Straightforward claims where liability is accepted early can sometimes be resolved within several months. More complex cases involving disputed liability, serious injuries, or ongoing medical treatment may take considerably longer, sometimes two years or more. Settling too quickly before the full extent of injuries is known can result in under-compensation, so it is important not to rush the process.
What if the driver who hit me was uninsured or left the scene?
The Motor Insurers' Bureau operates schemes to compensate victims of uninsured drivers and victims of hit-and-run collisions where the responsible vehicle cannot be identified. There are specific procedural requirements for MIB claims, including reporting the incident to the police, so taking early legal advice is particularly important in these situations.
Will I have to go to court to receive compensation?
The majority of personal injury claims in Scotland settle out of court through negotiation between solicitors and insurers. Court proceedings may be raised as a tactical step, but most cases conclude before a formal hearing takes place. Your solicitor will advise you on the best approach depending on how the other side responds to the claim.
Based on reporting by Glasgow Times, 18 September 2026. All rights in the original report remain with the publisher.