When does a green light mean STOP?

Posted 31/08/2014

The outcome of a recent Court of Appeal case was that two drivers were equally liable for a road traffic collision even though one driver (the claimant, Mr Gray) had turned right through a green traffic light while the other (the defendant, Mr Botwright) had driven through a red light.

In fact, in the Judge in the initial court case found completely against Mr Gray, saying that whilst Mr Botwright had driven through a red light he had not been travelling at excessive speed and that the accident had been solely caused by Mr Gray’s negligence in failing to check for vehicles when turning right across the lanes of oncoming traffic.

The Court of Appeal overturned the earlier decision, deciding instead that Mr Gray’s failure to check before turning across the carriageway was “an act of sheer folly” and he had to accept some responsibility for failing to check that no vehicle was approaching before deciding to turn. However, the Court also accepted that Mr Botwright should not have been where he was, having gone through a red light. They found that both drivers were equally to blame.

Whilst this might seem a surprising decision, it is worth remembering what the Highway Code actually says about green traffic lights. In short, green means you may go, if the way is clear and advises caution when turning. The decision is therefore not as surprising as it might first appear and certainly not when reviewing similar cases which have previously come before the Courts.

Tom Ranson, a personal injury specialist at Ashtons Legal, says: “What this case clearly highlights is, as road users, we need to be careful and aware at all times. We should not assume that just because we may have ‘right of way’ it is actually safe to proceed without checking first. It also highlights the importance of using an experienced, specialist, lawyer who not only knows the ‘rules of the road’ but the case law and who can then properly advise on a case which at first sight appears to be open and shut, before it gets to Court.”