Best Truck Accident Lawyers in Aberdeen

About Truck Accident Law in Aberdeen, United Kingdom

Truck accidents in Aberdeen are governed by Scots law and national road traffic rules. Because Aberdeen has a major port, busy trunk roads like the A90 and A96, and significant logistics traffic, collisions involving heavy goods vehicles are not uncommon. If you are injured or suffer losses, you may be able to claim compensation for your pain and suffering, financial losses, and rehabilitation. Claims are usually pursued against the at-fault driver and their insurer, and in some cases against the employer, vehicle operator, maintenance contractors, or a roads authority.

Scotland has its own courts, procedures, and terminology. Compensation for pain and suffering is called solatium, and there are specific rules about time limits, the heads of claim you can recover, and how costs work. Many cases settle through insurers without a court hearing, but specialist Scottish legal advice can be crucial to protect evidence, value the claim properly, and navigate negotiation or litigation.

Why You May Need a Lawyer

Truck collisions often cause serious injuries and complex liability questions. You may need a solicitor when any of the following apply:

- There are severe injuries, long recovery times, or permanent consequences, making it vital to assess future losses and care needs. - Multiple parties may be responsible, for example the driver, employer, vehicle owner, maintenance contractor, or a loading site operator. - Evidence is technical, such as tachograph data, telematics, vehicle inspection records, or CCTV from depots and roads. - The insurer disputes fault, alleges contributory negligence, or offers a low settlement. - The driver was uninsured or fled the scene, requiring a Motor Insurers Bureau claim. - The collision involves a defect in the road surface or layout, engaging a potential claim against a roads authority. - You are an injured employee driver and there are health and safety or workplace issues alongside the road traffic claim. - You need help with rehabilitation, interim payments, and coordination with the benefits system.

A Scottish personal injury solicitor can identify the correct defenders, preserve and obtain critical evidence early, comply with pre-action expectations, instruct experts, and maximise recovery. They can also advise on funding, time limits, and whether to raise proceedings in the Aberdeen Sheriff Court, the All-Scotland Sheriff Personal Injury Court, or the Court of Session.

Local Laws Overview

- Legal system: Truck accident claims in Aberdeen fall under Scots law of negligence and delict. You must prove the defender owed you a duty of care, breached that duty, and caused your loss. - Time limits: Most personal injury claims in Scotland must be raised in court within 3 years of the accident or date of knowledge. For children, the clock typically runs from their 16th birthday, so until age 19. Different rules can apply in fatal cases and where capacity is affected. Do not delay getting advice because there are steps to complete before court. - Police and reporting: After a collision, you must stop and exchange details. If you do not give details at the scene, you must report to Police Scotland as soon as practicable and within 24 hours. For injury collisions, you may need to produce your insurance certificate to the police within 7 days. - Insurance and MIB: Motor insurance is compulsory. If the at-fault driver is uninsured or untraced, the Motor Insurers Bureau may meet the claim, subject to its schemes and conditions. - Liability and vicarious liability: Employers are commonly vicariously liable for negligent acts of employee drivers in the course of employment. Liability can also arise from negligent maintenance, overloading, insecure loads, or breaches of drivers hours and tachograph rules. - Contributory negligence: If you were partly at fault, your damages can be reduced by a percentage that reflects your share of responsibility. - Heads of loss: In Scotland, you can claim solatium for pain and suffering and financial losses such as earnings, medical and travel expenses, care, and rehabilitation. You may also claim for services provided by relatives or services you can no longer provide to them, under the Administration of Justice Act 1982. In fatal cases, eligible relatives can claim under the Damages Scotland Act 2011 for loss of support and loss of society. - Pre-action practice: Scottish pre-action protocols for personal injury are widely used to encourage early evidence exchange, rehabilitation, and settlement. Insurers usually expect compliance even if a protocol is not strictly mandatory in every scenario. - Costs and funding: No win no fee success fee agreements are permitted in Scotland, subject to statutory caps. Qualified one way costs shifting applies to most personal injury actions raised on or after 2021, which can protect an injured person from paying the defender s costs if the claim fails, except in cases such as fraud or unreasonable conduct. - Roads authorities: Aberdeen City Council maintains local roads and footways. Scottish Ministers, through Transport Scotland and operating companies, manage trunk roads such as the A90 and A96. Liability for defects depends on whether the authority had a reasonable system of inspection and maintenance and whether it knew or ought to have known of the hazard. - Criminal vs civil: A driver may face criminal charges such as careless or dangerous driving. Your civil claim for compensation is separate and has a lower burden of proof.

Frequently Asked Questions

What should I do immediately after a truck accident in Aberdeen

Check for injuries and call 999 in an emergency. If safe, exchange details with others involved, including names, addresses, vehicle registrations, and insurer details. Take photos of the scene, vehicle positions, damage, road layout, skid marks, and weather. Get names and contact details of witnesses. Preserve dashcam footage. Report to Police Scotland if there is injury, if details were not exchanged, or if there is suspicion of an offence. Seek medical attention quickly, even for seemingly minor injuries. Notify your insurer and consider contacting a Scottish personal injury solicitor as soon as possible.

Do I have to inform the police

Yes, you must stop after a collision. If details are not exchanged, you must report the collision to Police Scotland as soon as practicable and within 24 hours. For injury collisions, police attendance and a formal report are common. The police report can be important evidence in a civil claim.

How long do I have to make a claim in Scotland

Generally 3 years from the date of the accident or from the date you first knew you were injured and that someone else was to blame. For children, the period usually runs from their 16th birthday. In fatal cases, it is commonly 3 years from the date of death or the executor s date of knowledge. There are exceptions and special rules, so get advice promptly.

Who can be held liable for a truck accident

Potentially the driver, their employer, the vehicle owner or operator, a maintenance contractor, loading site operators, or a roads authority if a defect contributed. Liability depends on evidence such as tachographs, telematics, vehicle checks, training records, and road maintenance logs.

What if I was partly at fault

You can still claim. Under contributory negligence principles, your compensation may be reduced by a percentage that reflects your share of responsibility. For example, not wearing a seatbelt or pulling out when it was unsafe can lead to a deduction, but it does not necessarily prevent recovery.

What compensation can I claim

In Scotland you can claim solatium for pain and suffering, past and future loss of earnings, medical and rehabilitation costs, travel, damaged property, and care. You may also claim for services provided by relatives and for services you can no longer provide to them. In fatal cases, certain relatives can claim for loss of society and financial support.

Will I have to go to court

Many claims settle through negotiation once evidence is exchanged. If settlement is not possible or the time limit is near, a solicitor may raise proceedings in the Aberdeen Sheriff Court, the All-Scotland Sheriff Personal Injury Court, or the Court of Session. Even after raising, most cases settle before a full hearing.

What if the truck driver was uninsured or left the scene

You may claim through the Motor Insurers Bureau under its uninsured or untraced driver schemes. The process has strict requirements and time limits. A solicitor can guide you, gather evidence, and ensure compliance with the scheme rules.

What evidence is useful in a truck accident claim

Photographs and video, dashcam files, witness statements, police details, medical records, employer absence and wage records, receipts and invoices, and any hire or repair paperwork. In truck cases, tachograph and telematics data, driver schedules, maintenance records, and load documentation can be crucial. A solicitor can send preservation requests to prevent deletion of these records.

How are truck driver hours and safety rules relevant

Breaches of drivers hours, tachograph, vehicle loading, or maintenance obligations can be strong evidence of negligence. UK rules implement and retain drivers hours and tachograph requirements, and operators must ensure compliance through training, scheduling, and monitoring. Failure to comply can lead to both regulatory action and civil liability.

Additional Resources

- Police Scotland - report collisions and request collision reports for insurance and civil claims. Emergency 999, non-emergency 101. - NHS 24 - medical advice by phone on 111. NHS Grampian provides local hospital and rehabilitation services. - Law Society of Scotland - find a Scottish solicitor experienced in personal injury and road traffic law. - Motor Insurers Bureau - handles claims where the at-fault driver is uninsured or untraced. - Transport Scotland and operating companies such as BEAR Scotland - information about trunk roads and maintenance responsibilities. - Aberdeen City Council Roads Service - reports of road defects and inquiries about local road maintenance. - Driver and Vehicle Standards Agency - guidance for HGV licensing, operator compliance, and vehicle safety standards. - Citizens Advice Scotland - general guidance on consumer and insurance issues. - Scottish Courts and Tribunals Service - information about court processes for personal injury cases. - Health and Safety Executive - guidance relevant to workplace road risk and reportable incidents involving employees.

Next Steps

1. Prioritise health and safety - get medical care and follow clinical advice. Keep records of symptoms, appointments, and expenses. 2. Report and document - report to Police Scotland where required, inform your insurer, and collect evidence such as photos, witness details, and dashcam footage. 3. Preserve evidence - do not repair or scrap vehicles without documenting damage. Ask a solicitor to send preservation letters for tachograph, telematics, and maintenance data. 4. Seek Scottish legal advice early - consult a solicitor regulated by the Law Society of Scotland who handles truck and serious road traffic cases in the North East. Early advice helps with liability investigations, valuation, and rehabilitation. 5. Discuss funding - ask about no win no fee arrangements, success fee caps, and whether qualified one way costs shifting applies to your case. 6. Engage in rehabilitation - your solicitor and the insurer may use the Rehabilitation Code to arrange early treatment and support. Request interim payments if liability is admitted and you have urgent needs. 7. Keep communicating - update your solicitor about recovery, work status, and expenses. Respond promptly to requests for information and attend expert assessments. 8. Mind the time limit - ensure your claim is raised in court within the applicable limitation period if settlement is not reached in time.

This guide is general information about truck accidents in Aberdeen under Scots law. It is not legal advice. For advice on your situation, speak to a qualified Scottish solicitor.