What we did

During the course of our investigations we obtained a detailed statement from our client, a copy of the police accident report, and a report showing the pattern and sequence of the traffic lights at the junction.

We considered all this evidence and cross-referenced it against evidence provided by the other party via his solicitors. We then advised our client on the merits of proceeding with the case.

Background

Our client was proceeding along a main road, intending to go straight over at the traffic light controlled junction ahead.

As she approached the lights, they were showing red against her and so she started to slow down. The other party was travelling along the same road, but in the opposite direction, and was intending to turn right at the junction.

The other party alleged that he had a green filter light giving him right of way, and that as he was turning right our client must have driven through a red light and collided with his vehicle. 

We investigated the accident circumstances and took a detailed statement from our client.  We also obtained the police accident report, and analysed the evidence in it carefully.

The statement given to the police by our client was consistent with everything she'd told us.  The other party's statement in the police report said he'd been stationary at the junction, and that the lights turned from red to green in his favour, giving him right of way.

This meant that both our client and the other party accepted that as they approached the junction they both had red lights showing against them.

It can sometimes be helpful to obtain a traffic light sequence report in this case, and we did this, contacting the highways department of the local council. The traffic light report confirmed the various 'stages' which the lights go through, as well as the precise sequence of those stages. On our analysis, the other party's evidence could not be believed. The traffic light report specifically stated that after the lights were red in both directions, they would then turn to green in both directions, but importantly the green filter light referred to by the other party did not come on straight away.

The other party could not therefore have had a green filter light in his favour, and he didn't therefore have right of way at the junction.

We put this argument to the other party's solicitors, but they continued to dispute liability and the case went to trial.

At trial, the judge preferred our client's evidence, while the other party's driving was found to have been the sole cause of the accident. The judge accepted the argument regarding the sequence of the lights and found that having accepted this argument, the other party's evidence could not be considered reliable.

Judgment was awarded in full in favour of our client and the other party's claim was dismissed completely.

The case is now being reported on Lawtel, a leading online tool for legal research.

Testimonial

"Everything was really well organised. There was always someone available [at Access-Legal from Shoosmiths] if my handler wasn't available and everyone was really friendly. The barrister on the day was really good, taking time to sit us down and explain the whole process."

Case handler

Sally Thompson is a case handler in the personal injury department. She acts mainly on behalf of claimants and deals with a wide range of injuries and case scenarios, specialising in the court process and taking cases to trial.

Tell us what you think

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.

• Phone
• Online
• Post