Red Light Run by Police: State Liability and Victims' Rights

You are driving in Bayonne, near Place de la Liberté. The light turns green for you. You proceed. Suddenly, a police car with lights and sirens runs the red light and hits you. Who is liable? You, because you failed to give way to an emergency vehicle? Or the State, because the driver was at fault?

This is precisely the question the Court of Cassation decided in 1970. A question that still sparks debate today in Hendaye and Paris. Because while the police may derogate from the Highway Code, this derogation is not a blank cheque.

The judgment of 11 February 1970 (No. 69-90.264) establishes a simple but demanding principle: emergency vehicles may go through red lights, but only if they have complied with the rules of care. In plain terms: sirens and flashing lights do not exempt them from checking that no one is coming. Full analysis below.

The Facts: A Story That Happens Every Day

On 12 November 1966 at 6:30 pm, a police van was escorting a SNCF cash transport in the streets of Bayonne. The van, equipped with siren and flashing lights, entered an intersection controlled by traffic lights. The light was red for him. He ran it. At the same time, Mr. X, a private driver, was crossing the intersection on a green light. The collision was inevitable. Mr. X was seriously injured. His car was destroyed.

Mr. X sued the State for damages. He argued that the van driver had committed a fault by not ensuring the way was clear. The State defended itself: the van was on an urgent mission, announced by sound and light signals, therefore authorised to go through the red light. The Administrative Court of Pau ruled in favour of Mr. X. The State appealed. The Bordeaux Administrative Court of Appeal upheld the decision. The State appealed to the Court of Cassation.

On 11 February 1970, the Court of Cassation dismissed the appeal. It held that the van driver, although having priority, should have slowed down and ensured Mr. X saw him. By failing to do so, he committed a fault engaging the State's liability.

The Reasoning of the Court — Analysed

The Court of Cassation relied on Article 7 of the decree of 22 October 1963, which governs the meaning of traffic lights. This provision states that a red light prohibits passage "in all circumstances." But the Court added an exception: police vehicles, announced by sound signals (siren) and light signals (flashing lights), may derogate from this prohibition if their mission so requires. Warning: this derogation is not a licence to kill. The driver must observe "the general rules of care."

In other words, the Court struck a balance between two imperatives: on one hand, the need for law enforcement to carry out their mission quickly (cash escort, absolute urgency); on the other, the safety of other road users. The priority driver must therefore, before running a red light, ensure that no one is crossing. If he fails to do so, his fault engages the liability of his employer (the State).

In this case, the judges noted that the van was travelling at high speed without slowing down as it approached the intersection. The driver did not check that Mr. X, who was visible, was about to proceed. The fault was established. The Court therefore dismissed the State's appeal and confirmed Mr. X's compensation.

This decision is a confirmation of earlier case law. As early as 1956, the Court of Cassation had established the principle of care for emergency vehicles (Dame veuve Truphemus judgment). The 1970 judgment reaffirms it strongly. It is therefore not a reversal, but a useful reminder.

What This Means for You — Practically

If you are a victim of an accident with an emergency vehicle (police, ambulance, fire brigade), remember this: priority does not absolve them from their duty of care. You can obtain compensation if the driver did not take the necessary precautions. Concretely, the State (or the employing authority) will be ordered to indemnify you for your losses: medical expenses, loss of income, moral damages, etc.

Example: In Hendaye, a pedestrian crossing on a pedestrian crossing is hit by a police car on duty. The driver had the siren on but did not slow down. The pedestrian, injured, incurs €15,000 in medical expenses and a 6-month work stoppage. He can claim reimbursement of his expenses, damages for his suffering and loss of salary from the State. Potentially €30,000 to €50,000.

If you are a driver of an emergency vehicle, you must be extra vigilant. Before crossing a red light, slow down, look, honk if necessary. Do not rely solely on your signals. An accident can cost you your career and engage the liability of your service.

If you are a pedestrian or motorist, know that you are not obliged to give way to an emergency vehicle that approaches with its lights off. If the vehicle does not use its signals, it is not a priority vehicle. In the event of an accident, its fault will be total.

Four Tips to Avoid This Type of Dispute

• For drivers of emergency vehicles: Before crossing a red light, slow down and check that the way is clear. A siren does not stop cars. A simple glance can prevent a tragedy.
• For private drivers: If you hear a siren, look in your mirrors and, if possible, pull over to the side. But do not make abrupt manoeuvres. Stay predictable.
• For pedestrians: Never cross on a red pedestrian light, even if no emergency vehicle is in sight. An emergency vehicle may arrive quickly and not see you.
• For everyone: In the event of an accident with an emergency vehicle, immediately note its details (number plate, service) and take photos. Contact a specialist lawyer to assess your rights.

Further Reading: Related Case Law and Developments

Before 1970, the Court of Cassation had already laid down markers. In the Truphemus judgment of 13 June 1956, it held that a priority driver who had not slowed down at an intersection was at fault. The 1970 judgment confirms this line. Later, in 2005, the Court specified that the priority driver must also ensure that other road users have perceived his presence (Civ. 2e, 20 Jan. 2005, No. 02-19.907).

The trend is therefore consistent: judges require enhanced care from drivers of emergency vehicles. They do not tolerate overconfidence. In the future, this requirement may extend to new modes of transport (police motorcycles, silent electric ambulances). Drivers will need to be even more attentive.

Summary and Next Steps

FAQ:

• Can an emergency vehicle always run a red light? Yes, if it is on an urgent mission and announced by sound and light signals. But it must do so with care.
• What should I do if I am a victim? Gather evidence (photos, witnesses), report the accident to your insurer, and consult a lawyer to bring a claim against the State.
• Is there a time limit to act? Yes, the limitation period is 4 years for actions against the State (Law of 31 December 1968). After that, you lose your rights.
• Can I be penalised if I do not give way to an emergency vehicle? Yes, if you had time to see it and react. But if the vehicle was coming too fast or without signals, you may be exonerated.
• Does the emergency vehicle's insurance pay compensation? No, the State (or authority) is liable. You must sue them before the administrative court.

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