Based on reporting by Glasgow Live, 14 October 2026. All rights in the original report remain with the publisher.
What was reported
According to Glasgow Live, an 84-year-old man from Coatbridge died in hospital six days after his mobility scooter was struck by a car at Gartlea roundabout in Airdrie. The collision reportedly occurred shortly before 5pm as the driver emerged from a health centre car park onto the roundabout. The elderly man sustained serious head injuries, including a fractured skull, and was taken by ambulance to Queen Elizabeth University Hospital in Glasgow, where doctors decided not to operate. He later died after suffering a number of seizures.
As reported by Glasgow Live, Airdrie Sheriff Court heard that a number of passers-by, including an off-duty doctor, went to help the man following the collision. The driver, a man in his mid-40s, tested negative for alcohol and drugs. A defence representative told the court that his client had been monitoring traffic approaching from his right and, in his own words, had not paid sufficient attention to what was on his left.
Glasgow Live reports that the driver pleaded guilty to causing the pensioner's death by careless driving. Sentencing was deferred by the sheriff, and an interim driving ban was imposed pending background reports.
Fatal road traffic accident claims in Scotland
When someone dies as a result of a road traffic collision in Scotland, their close relatives may be entitled to seek compensation through a civil claim. This is entirely separate from any criminal proceedings and can proceed regardless of whether a criminal conviction has been secured, though a guilty plea or conviction can be relevant evidence in civil proceedings.
In incidents of this kind, liability often rests with the driver whose vehicle was involved, and by extension with their motor insurer. All drivers in the United Kingdom are required by law to hold valid motor insurance, and it is typically that insurer who meets any successful civil claim. Where a driver is uninsured or untraced, the Motor Insurers' Bureau may provide a route to compensation for eligible claimants.
Mobility scooter users using footpaths and crossing points are entitled to the same standard of care from drivers as any other road user. In general terms, a driver emerging from a junction or car park onto a public road is expected to ensure the path ahead is clear before proceeding. Where that duty of care is found to have fallen short, and that failure caused or contributed to the death, a civil claim may follow.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim arising from a fatal accident in Scotland must generally be raised within three years. For relatives bringing a claim following a death, that three-year period typically runs from the date of death rather than the date of the accident itself.
There are limited circumstances in which a court may allow a claim to proceed beyond that period, but these exceptions are narrow and not guaranteed. It is therefore important that those who may have a claim are aware of the time limit, even though there is no obligation to act hastily in the immediate aftermath of a bereavement. The three-year window does allow families reasonable time to focus on grieving before considering legal steps.
What compensation can cover
In Scotland, claims following a fatal accident are governed primarily by the Damages (Scotland) Act 2011. The Act sets out which relatives are entitled to claim and what heads of loss may be included. Eligible relatives typically include a spouse or partner, children, and parents, though the precise categories depend on the circumstances.
Compensation in a fatal accident claim can include the following:
- Loss of support, covering any financial contribution the deceased made to the household or family members who depended on them.
- Funeral costs and associated reasonable expenses incurred as a result of the death.
- Grief and loss of society, which is the Scottish legal term for the distress, sorrow and loss of companionship suffered by close relatives. Fixed awards for certain categories of relative are set out in the 2011 Act, though these may be adjusted by the courts in particular cases.
- Where the deceased survived for a period before death, a claim may also include solatium for the pain and suffering experienced during that time, brought on behalf of the estate.
Every case is different, and the value of any claim depends on the specific circumstances, including the age and financial situation of those involved. Claims are handled on a no-win, no-fee basis in most cases, and any fees are not deducted from the compensation received.
Frequently asked questions
Can a family claim compensation even though a criminal case is ongoing?
Yes. A civil compensation claim is legally separate from criminal proceedings. Families do not need to wait for a criminal case to conclude before seeking legal advice about a civil claim, though they may choose to do so. Any criminal conviction or guilty plea can, however, serve as useful supporting evidence in a civil case.
Who is entitled to claim following a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, a defined category of close relatives is entitled to claim. This includes a spouse or civil partner, a cohabiting partner, children, and parents. The precise entitlement depends on the individual circumstances of each case, and legal advice should be sought to understand which relatives qualify.
Are mobility scooter users covered in the same way as pedestrians?
In general terms, yes. A mobility scooter user travelling on a footpath or using a designated crossing point is entitled to reasonable care from drivers. If a driver fails to observe a scooter user and a collision results, that failure may form the basis of a civil claim in the same way it would for a pedestrian.
What happens if the driver's insurer disputes the claim?
Insurers will investigate any claim made against their policyholder. If liability is disputed, the matter can ultimately be determined by a court. Many claims are settled without the need for a court hearing, but where an insurer does not accept responsibility, it is possible to pursue the claim through the Scottish courts.
Is there a time limit for children of the deceased to make a claim?
The standard three-year limit under the Prescription and Limitation (Scotland) Act 1973 applies to adult relatives. For claimants who were under the age of 16 at the time of the death, different rules may apply regarding when the limitation period begins to run. Legal advice is recommended to understand the position in any specific case.
Based on reporting by Glasgow Live, 14 October 2026. All rights in the original report remain with the publisher.