Based on reporting by The Press and Journal, 11 November 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, a lorry driver is currently standing trial accused of causing the death of a man from the Oban area. The driver denies the charge. The deceased man was described as well known locally, and his body was reportedly discovered more than a mile from the location where he is alleged to have been struck.
As reported by The Press and Journal, the incident is said to have occurred late at night. The trial is ongoing and no findings of fact or liability have yet been made by the court. All individuals involved are entitled to the presumption of innocence.
Road traffic accident claims in Scotland
When a person dies as a result of a road traffic incident in Scotland, close relatives may have the right to pursue a civil compensation claim, entirely separately from any criminal proceedings. A criminal trial determines whether a person is guilty of a criminal offence. A civil claim is a separate legal process and operates under a different standard of proof. The outcome of one does not automatically determine the outcome of the other.
In incidents of this kind involving a large goods vehicle, liability in civil proceedings often rests with the driver, the operator of the vehicle, or both. Where a vehicle is insured, as is required by law, a claim is typically made against the relevant insurer. The Motor Insurers Bureau may also be relevant in certain circumstances, for example where a vehicle was uninsured or the driver cannot be traced, though there is no suggestion of that in this case.
Establishing liability in a civil claim requires evidence. This can include police reports, witness accounts, dashcam or CCTV footage, expert road traffic analysis, and medical or pathological evidence. Solicitors experienced in fatal accident claims will gather and assess this material on behalf of the family.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a civil claim arising from a fatal accident must generally be brought within three years. For a fatal accident claim, this three-year period typically runs from the date of death, or from the date on which the person bringing the claim became aware that the death may have been caused by an act or omission of another party.
There is no obligation to act immediately, and families are entitled to take time to grieve before considering legal options. However, it is sensible to seek advice in good time so that evidence is preserved and the limitation period is not inadvertently missed. In certain circumstances, a court has discretion to allow a claim to proceed beyond the three-year limit, but this is not guaranteed and cannot be relied upon.
What compensation can cover
Under the Damages (Scotland) Act 2011, specific categories of relative are entitled to claim compensation following a fatal accident. These include a spouse or civil partner, a cohabiting partner, children, and parents, among others defined in the Act.
Compensation in a fatal accident claim can include the following:
- Loss of support: where the deceased provided financial support to family members, the value of that support over time can be claimed.
- Grief and loss of society: this head of damages, known as an award under section 4 of the 2011 Act, recognises the emotional impact of bereavement and the loss of the relationship itself.
- Funeral expenses: reasonable costs associated with the funeral can be recovered.
- Services: where the deceased provided unpaid services to the household, such as childcare or practical help, the cost of replacing those services may be claimed.
- Executor's claim: the deceased's estate may also have a separate claim for any suffering experienced before death, depending on the circumstances.
Compensation awards are assessed individually and will vary depending on the age of the deceased, their earnings and financial contributions, the nature of the relationships involved, and other factors specific to the family. Any claim is handled on a no win, no fee basis, meaning that fees are not deducted from the compensation received.
Frequently asked questions
Can a family pursue a civil claim while a criminal trial is ongoing?
Yes. A civil compensation claim is entirely separate from criminal proceedings and can be pursued at the same time or after the criminal case concludes. Many families choose to wait until the criminal process is complete, but this is not a legal requirement. What matters is that the three-year limitation period under Scots law is observed.
Does a not guilty verdict in a criminal case prevent a civil claim?
Not necessarily. Criminal and civil cases operate under different standards of proof. A person acquitted in a criminal court can still be found liable in a civil action. The civil standard requires the claim to be proved on the balance of probabilities, which is a lower threshold than the criminal standard of beyond reasonable doubt.
Who can bring a claim under the Damages (Scotland) Act 2011?
The Act sets out a defined list of relatives entitled to claim. This includes a spouse, civil partner, or cohabiting partner of at least two years, children, parents, siblings, and certain other family members. Each eligible relative may claim for grief and loss of society, and those who depended financially on the deceased may also claim for loss of support.
How long does a fatal accident compensation claim typically take in Scotland?
Timescales vary considerably depending on the complexity of the case, whether liability is disputed, and how long evidence gathering takes. Some claims are resolved within a year or two, while others involving disputed liability or complex financial calculations may take longer. Families are kept informed throughout the process.
Is there any cost to the family for pursuing a claim?
Fatal accident claims in Scotland are typically handled on a no win, no fee basis. If the claim is unsuccessful, the family pays nothing. If compensation is recovered, fees are not deducted from the award. It is worth confirming the exact basis of any arrangement with a solicitor at the outset.
Based on reporting by The Press and Journal, 11 November 2026. All rights in the original report remain with the publisher.