Tragic circumstances cause fatal accident

Police Car

Brake (the road safety charity) referred Digby Brown this case where we acted for the widow and children of a 37 year old mechanic who was killed whilst carrying out brake testing at his work in Inverness.

The bus in which he was travelling collided with a stationary unlit trailer. His employers looked to blame the trailer owners, while the trailer owners blamed a co-colleague who was driving the bus. We raised Court proceedings in the Court of Session for the family prior to a Fatal Accident Inquiry into the matter. At that stage a number of extended family members joined the action. We obtained an early interim payment from Court for the widow and subsequently were granted a Jury trial for the family despite fierce opposition. The case settled (with both defenders contributing towards settlement) shortly before the Jury trial was due to proceed. We secured awards totalling over £500,000 for the widow and children alone.

The case was also significant as Lord Pentland clarified the law relating to entitlement of step parents to advance a claim for loss of society under the Damages (Scotland) Act 1976 as amended - the law was unclear until that ruling.