Serious Crash Involving Pedestrian Near Dundee Retail Park: How Compensation Claims Work in Scotland

Based on reporting by STV News, 18 September 2026. All rights in the original report remain with the publisher.

What was reported

According to STV News, a serious collision between a car and a pedestrian took place on East Dock Street in Dundee at approximately 10.45am on Friday 18 September 2026. The incident occurred close to the entrance of the Gallagher Retail Park, prompting police and ambulance services to attend the scene.

As reported by STV News, Police Scotland described the crash as "serious" and closed East Dock Street at its junctions with East Marketgait and Broughty Ferry Road, with drivers asked to avoid the area. The Scottish Ambulance Service confirmed it dispatched two ambulances, a special operations team, and a critical care team to the scene.

Police Scotland indicated that the road closure was expected to remain in place for some time following the incident. No further details about the condition of those involved were made available at the time of reporting.

Road traffic accident claims in Scotland involving pedestrians

When a pedestrian is injured in a collision with a motor vehicle in Scotland, the legal framework for pursuing compensation falls under Scots law. In incidents of this kind, liability often rests with the driver of the vehicle if their standard of care on the road is found to have fallen below what is expected of a reasonable, competent driver. However, every case is different, and liability must be established based on the specific facts and evidence gathered.

A claim is typically made against the driver's motor insurance policy. In Scotland, all vehicles used on public roads are legally required to carry third-party insurance at a minimum. Where a driver is uninsured or fails to stop and cannot be traced, a claim may still be possible through the Motor Insurers' Bureau, which exists specifically to compensate victims in such circumstances.

Evidence plays a crucial role in pedestrian accident claims. CCTV footage, dashcam recordings, witness statements, police reports, and medical records can all help to establish what happened and the extent of the injuries sustained. Gathering this evidence as early as possible after an incident is strongly advisable.

Time limits for making a claim in Scotland

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. Missing this deadline will in most circumstances extinguish the right to claim, regardless of how strong the evidence may be.

There are some important exceptions to the standard three-year rule. Where the injured person is a child, the three-year period does not begin until they reach the age of 16. Where a person lacks legal capacity, the limitation clock may be paused for the duration of that incapacity. In cases involving fatalities, close relatives may have separate rights under the Damages (Scotland) Act 2011, subject to their own time limits.

Because gathering evidence, obtaining medical reports, and negotiating with insurers all take time, it is wise to seek legal advice well within the three-year period rather than waiting until the deadline is close.

What compensation can cover

A successful personal injury claim in Scotland can include a number of different heads of loss, depending on the circumstances of the individual case. These typically include:

  • 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 their effects last.
  • Loss of earnings - where the injured person is unable to work, either temporarily or in the longer term, a claim can be made for past and future income lost as a result.
  • Care and assistance - if family members or others have had to provide care, assistance, or support that would not otherwise have been needed, the reasonable value of that help can be claimed.
  • Medical treatment and rehabilitation - out-of-pocket expenses for physiotherapy, specialist consultations, medication, and other treatment costs directly related to the injuries.
  • Travel expenses - the reasonable cost of getting to and from medical appointments, or other travel made necessary by the injury.
  • Future losses - where injuries have long-term effects on a person's earning capacity or require ongoing care, future projected losses can also be included in a claim.

Compensation settlements should reflect the full impact of the injuries on a person's life, both financially and personally. It is worth noting that at Scotland Claims, clients keep 100% of their compensation with a 0% success fee, whereas many Scottish personal injury firms deduct up to 20% of a client's award as their fee.

Frequently asked questions

Can a pedestrian claim compensation if they were partly at fault for the accident?

Yes, in Scotland it is possible to receive compensation even if you were partly responsible for the accident. This is dealt with through the principle of contributory negligence, where the overall award is reduced by the proportion of fault attributed to the injured person. Each case is assessed on its own facts and evidence.

What should a pedestrian do immediately after being involved in a road accident?

Where possible, it is important to note the vehicle's registration number and the driver's details, seek medical attention promptly even if injuries feel minor, report the incident to police, and preserve any evidence such as photographs of the scene. Keeping a record of all expenses and symptoms from the outset can also support a later claim.

How long does a pedestrian accident claim take to resolve in Scotland?

The length of time varies considerably depending on the complexity of the case, how clearly liability can be established, and the nature of the injuries. Straightforward claims may settle within several months, while cases involving serious or long-term injuries can take considerably longer as the full extent of the losses must be properly assessed before settlement.

Can family members claim compensation if a loved one is killed in a pedestrian accident?

Yes, under the Damages (Scotland) Act 2011, certain close relatives of a person killed in an accident may be entitled to claim for loss of support, services, and non-patrimonial loss including grief and distress. These claims are separate from any claim the injured person themselves might have brought and are subject to their own time limits.

Does it matter that police described the crash as "serious"?

A police description of a crash as serious generally refers to the severity of injuries involved, and such an assessment can be relevant context in a compensation claim. However, the outcome of any civil claim depends on the legal evidence of liability and the medical evidence of injury, not solely on how police characterise an incident at the scene.

Based on reporting by STV News, 18 September 2026. All rights in the original report remain with the publisher.