00459731

Component

https://onlinepubs.trb.or...trcircular/308/308-002.pdf

This paper which states that potential legal liability is a factor in inducing greater compliance with safety standards, and thus in reducing highway deaths and injuries, also notes that knowledge of tort liability law integrated with the consistent exercise of sound engineering judgment will result in more effective decisions and reduced potential liability. A principal factor considered by courts in determining whether the highway department acted reasonably is whether the actions were in accord with generally accepted engineering standards and practices. It has been held that one cannot abandon sound engineering judgment and use mere compliance with the requirements as a shield to avoid liability. The paper discusses the major defense to tort liability by highway departments based on the exemption from liability for discretionary activities. A case in Iowa is quoted as an illustration of the planning vs operational level activities test, and of how the "reasonable and prudent care" standard is applied in judging the conduct and the liability of the highway department. An example is also provided of the trend in court decisions dealing with the question of the duty of a state to erect median barriers, and the state's financial feasibility defense. The tort implications of small car incompatibility with highway design is also discussed.

Transportation Research Circular Number 308, "Tort Claims Involving Roadside Safety," contains the proceedings of a workshop sponsored by the Transportation Research Board Committee (A2A04) on Safety Appurtenances and held at Santa Cruz, California, August 7-8, 1984. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.

HS-039 895

pp 4-7

1986-9

Transportation Research Circular

Digital/other

References (11)

Compliance; Courts; Design standards; Exemption; Highway design; Insurance claims; Laws; Liability; Loss and damage claims; Median barriers; Operations; Planning; Safety; Standards; State highway departments; Tort liability

Safety standards

Administration and Management; Design; Finance; Highways; Law; Operations and Traffic Management; Planning and Forecasting; Safety and Human Factors; I73: Traffic Control

TRIS, TRB

Nov 30 1988 12:00AM

• TORT CLAIMS INVOLVING ROADSIDE SAFETY
• TORT CLAIMS INVOLVING ROADSIDE SAFETY. A HIGHWAY ENGINEER'S PERSPECTIVE
• TORT CLAIMS INVOLVING ROADSIDE SAFETY. A HIGHWAY SAFETY RESEARCH ENGINEER'S PERSPECTIVE
• TORT CLAIMS INVOLVING ROADSIDE SAFETY. A STATE ATTORNEY'S PERSPECTIVE
• TORT CLAIMS INVOLVING ROADSIDE SAFETY. DISCUSSION GROUP RESULTS
• TORT CLAIMS INVOLVING ROADSIDE SAFETY. INTRODUCTION
• TORT CLAIMS INVOLVING ROADSIDE SAFETY. MINIMIZING TORT LIABILITY--GUIDELINES AND RELATED THOUGHTS
• TORT CLAIMS INVOLVING ROADSIDE SAFETY. WORKSHOP SUMMARY