Quick answer
A death caused by a road collision may give rise to claims by the deceased’s executor and qualifying relatives. Scottish law distinguishes the deceased’s losses, financial dependency and services from relatives’ loss of society; police or criminal proceedings do not themselves determine the civil claim.
Key points
- ✓The executor and relatives may pursue different heads of loss.
- ✓Qualifying relationships are defined by Scottish legislation.
- ✓Dependency evidence includes income and unpaid family services.
- ✓A prosecution is not required for a civil claim.
- ✓Fatal Accident Inquiries and civil claims answer different questions.
The estate and relatives’ claims
The deceased’s pre-death losses may be pursued by the executor. Qualifying relatives can have distinct claims for grief and sorrow, loss of society and guidance, financial support and services. The appropriate claimant and documentation should be identified early.
Road-collision evidence
Police investigation, vehicle examination, CCTV, telematics, toxicology, post-mortem evidence and witnesses may be relevant. Families should preserve correspondence and obtain advice before assuming that a criminal outcome decides civil responsibility.
Dependency and services
Income, pensions, household spending, childcare, transport, maintenance and caring work can all matter. Evidence should reflect what the deceased actually contributed and what was likely to happen in the future.
Coordinating investigations
A criminal prosecution, regulatory investigation, inquest outside Scotland or Fatal Accident Inquiry may proceed separately. Their purposes and legal tests differ from a damages action.
Authoritative sources
- Damages (Scotland) Act 2011 — Primary legislation governing damages where personal injury results in death.
- SCTS: Fatal Accident Inquiries — Official explanation of the FAI process.
- Prescription and Limitation (Scotland) Act 1973 — The statutory limitation framework for Scottish personal injury actions.