Nearly had a crash tonight. Both lights were on green. Anyone know who would have been liable if we had actually crashed?

[trixymalixy]

Hypothetical obviously as we thankfully didn't actually crash.

We were approaching a roundabout with traffic lights. Our light was still on green. A car from the right shot throughout the lights on the roundabout and nearly hit us but thankfully DH slammed on the brakes.

The rest of the traffic at the lights on the roundabout started moving, but our light was also still on green.

As we drove round the rest of the roundabout there was a guy in a yellow vest fiddling with the wiring box for the lights.

Clearly he was trying to fix a fault.

If we had actually crashed, who would have been liable?

Hope you're ok? Must have been scary.

I would assume that it would have been you as the ca came from your right and you give way to the right on roundabouts. Even with traffic lights you are responsible for checking that way is clear.

I'm not a lawyer though!

I think the local council/highways dept would have been liable.

Thankfully DH automatically checks the traffic from the right at roundabouts so we did stop.

Bloody scary as we were towing, so not quite as easy to stop!

I'm surprised he hadn't turned both sets of lights to amber flashing or switched them off entirely. Would have a lot safer! Maybe he'd only just got there.

I have no idea as we only saw him after. Gave him a good glare though, and he must have heard the horns blaring!

FWIW, Rule 176 of the Highway Code states:

^You MUST NOT move forward over the white line when the red light is showing. Only go forward when the traffic lights are green if there is room for you to clear the junction safely or you are taking up a position to turn right. If the traffic lights are not working, treat the situation as you would an unmarked junction and proceed with great care.

[Laws RTA 1988 sect 36 & TSRGD regs 10 & 36]^

Thogh how you tell that the traffic lights are not working is another matter!