Based on reporting by The Press and Journal, 12 November 2026. All rights in the original report remain with the publisher.
What was reported
A criminal trial is currently under way in connection with a fatal lorry collision in the Oban area, according to The Press and Journal. A man is accused of causing the death of another man by careless driving, and the case is being heard before a jury.
As reported by The Press and Journal, the court was shown CCTV footage recorded in the final moments before the man's death. The footage formed part of the evidence presented to the jury during proceedings. No verdict has yet been reached.
The deceased was a man from the Oban area. His family are understood to have been affected by this loss. This article does not comment on the guilt or innocence of any person involved in the criminal proceedings.
Road traffic accident claims in Scotland
When a person is killed in a road traffic collision, close relatives may have the right to pursue a civil compensation claim, entirely separately from any criminal proceedings. A criminal prosecution and a civil claim are distinct legal processes, and the outcome of one does not prevent the other from proceeding.
In incidents of this kind, liability in a civil claim often rests with the driver of the vehicle involved, the owner of the vehicle, or the insurer of that vehicle. Where a commercial vehicle such as a lorry is concerned, questions about employer responsibility or vehicle maintenance may also be relevant, though any findings of that nature would be a matter for the evidence in each individual case.
Civil claims for road traffic fatalities in Scotland are pursued under the Damages (Scotland) Act 2011. That legislation sets out which relatives are entitled to claim and what heads of loss they may seek. The existence of a criminal trial neither prevents a civil claim from being made nor requires a family to wait for the trial to conclude before beginning the civil process, though many families choose to allow criminal proceedings to reach a conclusion first.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, relatives wishing to pursue a civil compensation claim generally have three years from the date of death in which to raise court proceedings. Missing this deadline can result in the claim being lost entirely, so it is important to be aware of it.
There are limited circumstances in which a court may exercise discretion to allow a claim to proceed beyond the three-year period, but this is not guaranteed and should not be relied upon. Families do not need to act immediately, and there is no obligation to rush, but it is sensible to seek legal advice well within that three-year window so that all options remain open.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of another party's fault may be entitled to claim for a range of losses. These can include:
- Loss of support, covering the financial contribution the deceased made to the household, including earnings, pension, and practical support in the home.
- Funeral costs and any reasonable expenses arising directly from the death.
- Grief and distress, known in Scots law as loss of society, which acknowledges the emotional impact on those closest to the deceased.
- In some circumstances, loss of personal services, recognising the practical care and assistance the deceased provided to family members.
The relatives who are entitled to claim are defined by the 2011 Act and include a spouse or civil partner, children, and parents, among others. Each case is assessed individually, and the amount awarded will depend on the specific circumstances and the evidence available. Fees are not deducted from any compensation recovered.
Frequently asked questions
Can a civil claim be made while a criminal trial is still ongoing?
Yes. A civil compensation claim and a criminal prosecution are separate legal processes in Scotland. A family does not have to wait for the criminal case to conclude before beginning civil proceedings, though many choose to do so. Legal advice can help a family decide on the most appropriate timing for their circumstances.
Who can claim compensation after a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, close relatives are entitled to claim. This includes a spouse or civil partner, children, and parents. Other relatives may also qualify depending on their relationship with the deceased. Each claim is assessed on its own facts, and a solicitor can advise on eligibility in a specific situation.
What is loss of society under Scots law?
Loss of society is a head of damages available under the Damages (Scotland) Act 2011. It reflects the grief, distress, and loss of companionship suffered by close relatives following a death. It is distinct from financial loss and is intended to acknowledge the emotional and personal impact of bereavement on those who were closest to the deceased.
Does a criminal conviction have to be secured before a civil claim can succeed?
No. The standard of proof in civil cases in Scotland is lower than in criminal proceedings. A civil claim can succeed on the balance of probabilities even where a criminal prosecution does not result in a conviction. The two processes are independent of one another, and a civil claim is assessed on the evidence available in that claim.
How long do relatives have to make a claim after a fatal accident in Scotland?
In most cases, the Prescription and Limitation (Scotland) Act 1973 sets a three-year time limit running from the date of death. While a court can in limited circumstances allow a claim to proceed beyond this period, that is not guaranteed. Families are advised to seek legal advice well within the three-year window to protect their position.
Based on reporting by The Press and Journal, 12 November 2026. All rights in the original report remain with the publisher.