Fatal Accidents

If a close relative dies as a result of personal injuries – for example, in an accident or as a result of professional negligence, you may be entitled to a monetary award.  Of course, it is crucial that negligence is established before the law will compensate you for the loss.  

Fatal Accident Inquiries can be held when a death occurs in the course of a person’s employment or whilst in legal custody. They can also be held when the death is sudden, suspicious, or unexplained, or occurred in circumstances giving rise to public concern as long, provided it is in the public interest for an enquiry to be held. The procurator fiscals office, under the authority of the Lord Advocate, has discretion regarding whether to hold such a hearing.

On 16th February 2013, a woman was killed after a speeding rally car veered off of the track in Inverness and landed on top of her.  Thereafter, 31st May 2014 saw three individuals killed as a result of another rally car careering off of the road towards a stage of spectators.  Now, some three to four years on, it has been announced that a joint fatal accident inquiry will be held, and is to begin on 17th July 2017 within the Edinburgh Sheriff Court.

At around midday on Thursday 28 April 2016 a worker, working on the new Queensferry Crossing, was struck by the boom of a crane he was directing on the north tower deck. The worker suffered severe blood loss and was unable to be resuscitated.

Making the death even more poignant the 28 April 2016 was International Workers Memorial Day. International Workers Memorial Day is commemorated throughout the world, the purpose of which has always been to "remember the dead: fight for the living".

A Scottish firm has received a six-figure fine over the industrial accident which led to a 44-year-old bridge construction worker inhaling a fatal quantity of gas. It was concluded that his death was attributable to toluene toxicity, which caused irreparable neurological damage.

During a hearing at Dundee Sheriff Court, those present heard how the worker was made unconscious by gas fumes and was later found by co-workers.

A new fatal accident inquiry (FAI) law has been passed which means that FAIs can now be conducted in cases where Scottish nationals die in accidents abroad; even in circumstances where their bodies are not repatriated.

Although there were some earlier indications that some MSPs might oppose the bill over concerns that it failed to cover some vital issues, in the end the Fatal Accidents and Sudden Deaths Bill received unanimous backing.

The families left bereaved by the tragic and avoidable Glasgow bin lorry crash are now clear to pursue claims for compensation following the end of the Fatal Accident Inquiry, according to media reports.

Unsurprisingly, Sheriff John Beckett concluded that it was likely that the accident would never have occurred had the driver not lied about his medical history of blackouts.

Bad news for North East Scotland as recently released figures show that the region has the highest car accident injury rate in the whole of Britain.

Banff and Buchan Westminster constituency recorded the highest rate of fatal and serious injuries between 2010 and 2014 - at a rate 103 per cent greater than the national average. West Aberdeenshire and Kincardine fared little better, recording a fatal and serious injury rate of 79 per cent above the national average.

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