There are often many situations where collisions occur involving an emergency vehicle answering to an emergency call. You would expect the driver of an emergency vehicle that had proceeded through a set of red lights to be at fault for a collision; which occurred with another road user. Should it have been a collision with two ordinary road users the party proceeding through a set of red lights would automatically be a fault for the collision. This is not always the case and there is more to the issue of liability which is quite complex.
In the case of Griffin v Merseyside Regional Ambulance Service 1997 it was established that road users should hear and see an emergency vehicle approaching and take reasonable steps to avoid a collision. In this case the Claimant did not take on board the behaviour of the other road users when the ambulance was approaching and was therefore held 60% at fault. It was however held that each case would be judged on its own facts.
Often third party insurers or Solicitors try and use the case of Griffin to reach agreement with regards to liability which would always be in their favour. If each case is to be judge on its own merits then the surrounding area should be taken into consideration. Where there any blind spots? Could both parties see one another? Did the driver of the emergency vehicle use both the wailer and lights to indicate their presence?
In the case of Purdue v Devon Fire and Rescue Services 2002 it was held that the Claimants contribution to the accident was limited and he was only 20% at fault. He did not look both left and right when crossing a junction even though the lights were green in his favour and did not see the fire engine approaching. The driver and commander of the fire engine had seen the Claimant and noticed that he did not look in their direction. The fire engines lights were flashing but they did not use the wailer to sound their presence and were therefore held to be 80% at fault as they crossed a red light and collided with the Claimant.
The Highway Code also gives some insight into the responsibility that road users have when an emergency vehicle is responding to a call.
Rule 219 of the Highway Code states “Emergency and Incident Support vehicles. You should look and listen for ambulances, fire engines, police, doctors or other emergency vehicles using flashing blue, red or green lights and sirens or flashing headlights, or Highways Agency Traffic Officer and Incident Support vehicles using flashing amber lights. When one approaches do not panic. Consider the route of such a vehicle and take appropriate action to let it pass, while complying with all traffic signs. If necessary, pull to the side of the road and stop, but try to avoid stopping before the brow of a hill, a bend or narrow section of road. Do not endanger yourself, other road users or pedestrians and avoid mounting the kerb. Do not brake harshly on approach to a junction or roundabout, as a following vehicle may not have the same view as you.”
One thing is clear road users must be extremely vigilant when crossing junctions knowing that an emergency vehicle is approaching as it is likely that they will be held to be partially responsible for causing any collisions that may occur. This matter does require more structure and clarity in the future.
By Francesca Nelson
Paralegal
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