Hill drove through a junction past a red traffic light and struck Tremayne, a pedestrian who had not used the nearby light-controlled Pelican crossing but was crossing the junction diagonally.

The Judge held that the car driver Hill was entirely at fault because the pedestrian, Tremayne had no reason to anticipate that the motorist would ignore the traffic lights.

Hill was seriously careless and any possible failure by Tremayne to keep a proper look-out was not a contributory factor.

It was held that there is no legal duty on a pedestrian to cross a junction only at a light-controlled pedestrian crossing.  He (or she) is entitled to cross anywhere he (or she) wishes provided he (or she) takes reasonable care for his/her own safety.

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