The rules of the Highway Code states that:
- You MUST use you front and rear fog lights if visibility is seriously reduced
- You MUST NOT use your fog lights if visibility is not reduced
- You should not use your lights to dazzle other road users
- You MUST switch you fog lights off when visibility improves
If you do not follow the above simple rules whilst driving, you may become in danger of having an accident, if injury/ damaged is caused, you may be fully/partially liability for the accident and the damage.
In the case of Burgess V Hearn a motorcyclist brought a claim against a car driver who was only showing side lights in thick foggy conditions, the motorcyclist had swerved to miss a collision on his side of the road and collided with the oncoming car which wasn’t correctly lit. The judge held them both equally to blame because the motorcyclist had been travelling too fast but the driver had not used his car lights correctly. If the motorcyclist claim had been driving at a suitable speed for the conditions, the judge may have held the driver of the poorly lit car 100% to blame.
Conclusion
If you are travelling in bad weather conditions were there is poor visibility, mainly because of fog you MUST be sure to correctly light your vehicle to be as safe as possible on the road. If you are involved in an accident because you haven’t lit your vehicle correctly, a car accident claim may be brought against you and a judge will more than likely hold you substantially to blame for the accident.