That would be 95% Signaller error then ! but ALL highly unlikely
Depends what the signallers actions are and what he says to the driver surely? If hes told the driver to examine the line and stop short of any obstruction then any resulting collision can't be held against the signaller.
I can't find the report but wasn't there an incident a few years back (somewhere up north I think) where a driver was instructed to proceed at caution following a report of a track defect but the train was then actually traveling to fast to stop short of said defect? I think the resulting upshot was there was no actual defined speed for proceeding "at caution".