Whose fault????
Author
Discussion

Martha2004

Original Poster:

18 posts

261 months

Tuesday 20th July 2004
quotequote all
A friend of mine was at a cross road and the traffic lights were on green at the same time a police car with its sirens on went through the red light and hit the side of the car. The lad has only Third party on his car and its a right off. The police insurance say its more his fault than theres even though they went through the red light and hit him.

plotloss

67,280 posts

293 months

Tuesday 20th July 2004
quotequote all
Well I thought jumping a red light was a no no strictly speaking for all emergency vehicles.

Go to court, theres sure to be a precedent and I imagine it will be in your friends favour...

gone

6,649 posts

286 months

Tuesday 20th July 2004
quotequote all
Unfortunately, you have not posted enough information to give an opinion. If Police insurers have said that the fault lies with your friend, he needs to see a Solicitor to find out exactly where he stands.

gone

6,649 posts

286 months

Tuesday 20th July 2004
quotequote all
plotloss said:
Well I thought jumping a red light was a no no strictly speaking for all emergency vehicles.


Well you thought wrong plotless
Red lights can be passed when attending emergency incidents but the driver must give way to any traffic entering the area on a green light if that vehilce does not stop.

plotless said:

Go to court, theres sure to be a precedent and I imagine it will be in your friends favour...




Very possibly it will be! However with the original content of the thread there is not enough to give an opinion.



>> Edited by gone on Tuesday 20th July 09:47

plotloss

67,280 posts

293 months

Tuesday 20th July 2004
quotequote all
So if you go through a red light and legally have to give right of way to the opposing flow of traffic then surely thats the same thing?

Just better explained...

Martha2004

Original Poster:

18 posts

261 months

Tuesday 20th July 2004
quotequote all
I don't know the incident in very much detail. The police said it was a case of 60/40 and the fault lies with the other driver. He hasn't been driving for that long.

gone

6,649 posts

286 months

Tuesday 20th July 2004
quotequote all
Unfortunately there ia blame on both side, the amount is really immaterial. If both drivers had been driving with the required amount of concentration at that moment, the collision would not have occurred.

Your friend should see a solicitor who will make any case out for him in his favour. The Police insurance will obviously try to shift the blame onto your friend because they are just the same as any other insurance company who will fight to the death on paying out claims.

One thing you can be sure of though is that the Police driver will not be driving Police vehicles for some considerable time to come because of the incident

gone

6,649 posts

286 months

Tuesday 20th July 2004
quotequote all
plotloss said:
So if you go through a red light and legally have to give right of way to the opposing flow of traffic then surely thats the same thing?

Just better explained...



Look at the highway code and see what it says about emergency vehicles approaching with warning equipment being used

>> Edited by gone on Tuesday 20th July 10:03

TripleS

4,294 posts

265 months

Tuesday 20th July 2004
quotequote all
One of the first programmes in the 'Traffic Cops' series showed a pursuit in Sheffield during the hours of darkness. It looked to me like either the Hillsborough area or West Street up towards the University, though I'm not sure.

Anyhow there was PC Andy Brown of South Yorkshire Police giving a commentary as he pursued the target vehicle. He said something along the lines of:

'The criminal will go through red traffic lights at 70 mph, but we have to slow down and make sure it's clear'.

It was nicely done in a proper orderly manner, but police drivers do have to get it right - or else!

Best wishes all,
Dave.

mcflurry

9,184 posts

276 months

Tuesday 20th July 2004
quotequote all
I thought that emergency services had to treat red lights as "give way" signs when on red. The other guy had a green light, so IMHO it was the police driver at fault. Since he only had 3rd party insurance I assume the car wasn't worth a great deal. In that case it may be cheaper for the police insurance to write it off and payout, rather than going to court.

Kerching, my 2 pence.

loaf

850 posts

284 months

Tuesday 20th July 2004
quotequote all
mcflurry said:
I thought that emergency services had to treat red lights as "give way" signs when on red. The other guy had a green light, so IMHO it was the police driver at fault.


All true. Vehicles used for police, fire, ambulance, and HMCG purposes may treat a stop sign/red ATS as a give way sign if the observance of the stop sign/red ATS would hinder the purpose for which the vehicle was being used on that occasion - but 'give way' means 'proceed if safe to do so' which it sounds like it wasn't...ergo Plod is probably at fault. Might be mitigating circumstances if the guy with the green ATS was speeding/driving like a nob/DUI etc but it don't look good for the copper's continued driving privileges...

Martha2004

Original Poster:

18 posts

261 months

Tuesday 20th July 2004
quotequote all
he definitely wasn't speeding or doing anything wrong. His car wasn't an expensive one but its been off the road for 6 weeks he can't get to work or afford a new one at the minute.

gone

6,649 posts

286 months

Tuesday 20th July 2004
quotequote all
like I said before, the fact a collision occurred is all we know. There are no other facts available to tell us what exactly happened.

Highway code advice states that drivers should give way to emergency vehicles using blue lights and sirens.

Emergency vehicles must use red traffic lights as give way signs when they proceed through them.

Somewhere, someone failed

onedsla

1,135 posts

279 months

Tuesday 20th July 2004
quotequote all
I seem to remember reading on this forum, perhaps about a year ago, that there was either some particular body, or Act of Law or fund or something specifically regarding anything to do with an emergency vehicle attending an emergency.

IIRC the post was something to do with an accident slightly after a police car with blues & twos went past.

Dibble

13,257 posts

263 months

Tuesday 20th July 2004
quotequote all
I can't even begin to tell you all how much I'd like to post on this one...

Profile photos, anyone?!

feet

135 posts

263 months

Tuesday 20th July 2004
quotequote all
From the description posted, it can be assummed that both drivers were at fault. Both cars had a responsibility to give way to each other, so to speak.
The accident was doubly preventable. The police will obviously fight their case. Messy.

towman

14,938 posts

262 months

Wednesday 21st July 2004
quotequote all
Dibble said:
I can't even begin to tell you all how much I'd like to post on this one...

Profile photos, anyone?!



Go on - you know you want to!

kevinday

13,670 posts

303 months

Wednesday 21st July 2004
quotequote all
Does anybody else think, like me, that it is high time the Road Traffic Act included a requirement for everybody to give way to an emergency vehicle on 'a shout'. I believe this to be a rule in Germany and seems eminently sensible to me?

deeen

6,281 posts

268 months

Wednesday 21st July 2004
quotequote all
kevinday said:
Does anybody else think, like me, that it is high time the Road Traffic Act included a requirement for everybody to give way to an emergency vehicle on 'a shout'. I believe this to be a rule in Germany and seems eminently sensible to me?


Not me... i think that would just be a license for emergency vehicle drivers to drive like tw@ts whenever they felt like it, cos if they hit someone else, it would always be the other guy's fault.

gone

6,649 posts

286 months

Wednesday 21st July 2004
quotequote all
deeen said:

kevinday said:
Does anybody else think, like me, that it is high time the Road Traffic Act included a requirement for everybody to give way to an emergency vehicle on 'a shout'. I believe this to be a rule in Germany and seems eminently sensible to me?



Not me... i think that would just be a license for emergency vehicle drivers to drive like tw@ts whenever they felt like it, cos if they hit someone else, it would always be the other guy's fault.


Isn't that what happens now anyway?