Based on reporting by STV News, 3 October 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, a woman in her mid-60s suffered serious injuries after being struck by a white SUV on the A70 near Cumnock early on a Friday morning in October 2026. Emergency services were called to Muirkirk Road shortly after 8am, and the injured pedestrian was airlifted to Queen Elizabeth University Hospital in Glasgow.
As reported by STV News, the road was closed for several hours while Police Scotland carried out investigations, before reopening in the early afternoon. A police sergeant is understood to have confirmed that enquiries remain ongoing to establish the full circumstances of the incident.
Police Scotland reportedly appealed for witnesses, noting that drivers had passed through the scene immediately after the collision. Officers are said to be particularly keen to trace any motorists who may hold dash-cam footage that could assist the investigation. Anyone with information has been asked to contact Police Scotland quoting the relevant incident number.
Road traffic accident claims in Scotland
When a pedestrian is seriously injured in a road traffic collision, the question of who bears legal responsibility is determined by the specific facts and circumstances of the incident. In incidents of this kind, liability often rests with the driver of the vehicle involved, where it can be established that their driving fell below the standard expected of a careful and competent motorist. However, each case is assessed individually, and liability is never assumed.
In Scotland, claims arising from road traffic incidents are typically made against the driver's motor insurance policy. All vehicles used on public roads are required by law to carry at least third-party insurance, which exists precisely to compensate those injured through the use of a motor vehicle. If a vehicle is uninsured or the driver cannot be traced, the Motor Insurers' Bureau may be able to step in to meet a valid claim on behalf of the injured person.
Pedestrians are among the most vulnerable road users, and where serious injuries are sustained, the financial and personal impact can be substantial. A thorough investigation, including police reports, witness statements, and any available footage such as dash-cam recordings, typically forms the foundation of a compensation claim. It is worth noting that some personal injury services in Scotland deduct up to 20% of a claimant's award as a success fee. Scotland Claims charges a 0% success fee, meaning clients keep 100% of their compensation.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, an injured person generally has three years from the date of the accident to raise a court action for personal injury compensation. Missing this deadline can result in losing the right to claim entirely, so it is important not to delay in seeking advice.
There are some limited exceptions to the three-year rule. Where an injured person lacks legal capacity, for example due to a severe brain injury, the three-year period may not begin until capacity is regained. In the case of a fatality, the three-year period typically runs from the date of death rather than the date of the accident. Courts do retain a discretion to allow late claims in exceptional circumstances, but this is not guaranteed and should never be relied upon.
What compensation can cover
A successful personal injury claim in Scotland can include a range of heads of loss, depending on the nature and severity of the injuries sustained. These typically include:
- Solatium - a sum to compensate for pain, suffering, and the loss of amenity caused by the injuries themselves.
- Loss of earnings - past income lost during recovery, and future earnings if the injured person is unable to return to their previous employment or work at the same capacity.
- Cost of care and assistance - whether provided by a professional carer or informally by a family member, reasonable care costs can be claimed.
- Medical treatment and rehabilitation - physiotherapy, surgery, psychological support, and other treatment costs reasonably incurred as a result of the injuries.
- Travel expenses - costs of attending medical appointments, hospital visits, and other travel directly connected to the injury and recovery.
- Adaptation costs - where serious injury requires modifications to a home or vehicle, these can form part of a claim.
Compensation is assessed on the particular facts of each case. Awards for serious injuries can be significant, but figures are always determined by reference to the actual losses suffered and established legal guidelines, not by speculation.
Frequently asked questions
Can a pedestrian claim compensation if they were partly to blame for the accident?
Yes. In Scotland, a claim can still succeed even if the injured pedestrian was partly responsible for the collision. The principle of contributory negligence applies, meaning that any award may be reduced by a percentage reflecting the claimant's share of responsibility. A partial contribution does not automatically bar a claim entirely.
What if the driver involved was not prosecuted by police?
A criminal prosecution and a civil compensation claim are entirely separate processes. Whether or not a driver faces criminal charges, an injured pedestrian may still pursue a civil claim for damages. The standard of proof in civil proceedings is lower than in criminal cases, so the outcome of any police investigation does not determine the outcome of a compensation claim.
How long does a road traffic accident claim typically take to resolve in Scotland?
The timescale varies considerably depending on the severity of the injuries, the complexity of the liability question, and how quickly medical evidence can be gathered. Straightforward claims may settle within months, while cases involving serious or long-term injuries can take considerably longer to conclude, as it is important to understand the full extent of the losses before settling.
What evidence is useful to support a pedestrian injury claim?
Useful evidence includes the police incident report, witness contact details, photographs of the scene and any visible injuries, medical records and treatment notes, and any available footage such as dash-cam recordings or CCTV. The more contemporaneous evidence gathered, the stronger the foundation for a claim. A specialist adviser can help identify and preserve relevant evidence.
Does using a no-win, no-fee service mean a deduction will be taken from my compensation?
Not necessarily. Many Scottish personal injury firms deduct up to 20% of a claimant's award as a success fee under a no-win, no-fee arrangement. However, Scotland Claims operates on a 0% success fee basis, meaning that clients retain every penny of the compensation they are awarded rather than losing a portion to legal costs.
Based on reporting by STV News, 3 October 2026. All rights in the original report remain with the publisher.