Both sentences are grammatically correct, but there's a subtle difference in how they use "could" and tense:
1. "There could be a situation where it's clear that they are approaching": This is correct. It's talking about a possible situation in the present or future, which aligns with how "could" is used for real, current, or future possibilities.
2. "There could have been a situation where it was clear that he was at fault": This is also correct, but it describes a hypothetical or unreal situation in the past, which is appropriate when using "could have been" for past possibilities.
So, "could" can be used for both real-time and hypothetical situations, depending on the context.