Police vehicle accidents -- a civil perspective

Road traffic accidents involving police vehicles are always heavily scrutinised. Andrew Steel looks at the civil courts` approach to these types of accidents and finds that judges have been quick to recognise the difficult situations that officers are regularly placed in.

It is virtually impossible to provide generic guidance on how to deal with each and every civil claim arising out of an accident involving a police vehicle. The reason for this is simple; every accident is different. One issue that is constantly raised by officers when I speak to them is the systematic way that their actions will be viewed by a judge should the matter reach trial. An event which takes little over a second to happen can take a day to resolve. However, the Judge will want to take into account every aspect of available information. What were the road conditions? What were the precise directions of travel of each vehicle? What did the independent witnesses say? What did the drivers of the vehicles say? The conclusion is that no accident can ever be recreated and thus no specific precedent can ever be set.

However, some types of accidents are more common than others. From dealing with claims of this nature for various police forces over the last six years, one set of circumstances leaps out as being the most likely to result in litigation. This accident occurs at traffic light controlled junctions. Invariably, the police vehicle will be responding to an emergency call and will have all lights and sirens activated. As the police vehicle approaches the junction the traffic lights will be showing red, thus meaning that traffic flowing from either the left and/or right hand side of the junction will have the benefit of a green light. The police vehicle will proceed through the red light. A vehicle approaching from either the left or right hand side will not see or hear the police vehicle and a collision occurs.

Solicitors acting on behalf of claimants will plead their case in negligence. They will say that the police vehicle drove into the junction against a red light and that in itself was a negligent act.

When looking at this type of accident, it is interesting to review the courts’ approach to accidents of this type and how the general view has changed over the years.

In Joseph Eva Limited v Reeves [1938] 2 All ER 115 the Court of Appeal held that a driver crossing a junction on a green light owed no duty to traffic crossing on a red light, beyond a duty to take reasonable steps to avoid a collision if he sees the ‘disobedient’ vehicle.

This absolute rule began to be eroded 30 years later. In Davis v Hassan [1967] 117 NLJ 72, the Court of Appeal found that for accidents of this type, they should fall to be decided on their own facts and not be subject to an absolute rule.

Guidance

By 1984 the Traffic Signs and General Regulations were introduced. These were subsequently amended in 1994 and in 2002. They provide Parliamentary guidance on the respective rights and obligations for emergency vehicles generally when entering junctions against a red light.

Helpful guidance is found in Wilkinson’s Road Traffic Offences 16th Edition at paragraph 6.25. This indicates that the essence of the regulations is that the driver of the police vehicle should treat the red signal as a ‘give way’ sign. He must not enter the road in a manner that would cause any other driver on the road to change his speed or direction to avoid an accident. In addition, Regulation 36(2) expressly confirms an obligation upon the vehicle passing through the green light to do so “with due regard to the safety of other road users”. One can see that this is a clear departure from Joseph Eva v Reeves. Whilst the heavy burden still lies with the driver of the police vehicle, a clear burden was created to rest with the driver of the other vehicle.

After the installation of the Regulations, the Court of Appeal heard the case of Griffin v Mersey Regional Ambulance [1998] PIQR P34. The decision at first insta