James Byrne wins unusual case for London Ambulance Service
News | Mon 22nd Feb, 2016
London Ambulance Service NHS Trust instructed James to represent them after a serious collision at a junction on the A12 between an ambulance traveling through a red light on an emergency call, and a motor vehicle travelling at high speed (but within the speed limit).
The court applies, what has been described in various judgments, a ‘heavy duty’ to ambulances passing through red lights and it is extremely rare that the ambulance driver will escape any apportionment of liability for an accident caused. Despite this legal handicap, James was able to prove that the other driver was 100% at fault for the accident due to her failure to apply the Highway Code and keep any proper lookout for the risk of an ambulance traveling into a residential area.
Though the result of the case was fact specific it demonstrates the strength of well-prepared and careful cross-examination and the forcefulness of a good closing argument.