Highway Elements Associated with Tort Liability Actions
Publication: Journal of Transportation Engineering
Volume 117, Issue 1
Abstract
With the loss of sovereign immunity, risk management has become an important discipline for many state highway and transportation departments. One step in an effective risk management process is the evaluation of past tort claims and lawsuits to identify the fundamental characteristics of tort actions necessary for effective risk management decision making. This article reports the results of one such evaluation that identifies the types of highway elements alleged to have contributed to highway incidents producing tort actions, develops a profile of high‐risk elements in terms of the number of actions and the proportion of actions involving severe injuries or fatalities, and provides recommendations, supplemented with examples, on how this information should be used for safety‐enhancement decision making in such diverse activities as routine maintenance and safety programming.
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References
1.
Bryer, T. E. (1984). “Risk management analysis: Highway maintenance operations.” Transportation Research Record 979, Transp. Res. Board, Washington, D.C., 20–24.
2.
Carstens, R. L. (1981). “Highway‐related tort claims of Iowa counties.” Transportation Research Record 833, Transp. Res. Board, Washington, D.C., 18–24.
3.
Chatfield, B. V. (1987). “Systemwide safety improvements: An approach to safety consistency.” National Cooperative Highway Research Program, Synthesis of Highway Practice 132, Transp. Res. Board, Washington, D.C., 17.
4.
Eck, R. W., and Malaeb, H. H. (1983). “Reducing tort liability on low‐volume roads through analysis of case law.” Transportation Research Record 989, Transp. Res. Board, Washington, D.C., 115–122.
5.
FHWA. (1982). Synthesis for safety research related to traffic control and roadway elements, 2, U.S. Dept. of Transp., Fed. Highway Admin., U.S. Government Printing Office, Washington, D.C., 12.1–12.14.
6.
Gittings, G. L. (1985). “Experience and response to tort liability in the Pennsylvania Department of Transportation.” PTI 8509, prepared for the State Transp. Advisory Committee, Pennsylvania Dept. of Transp., by The Pennsylvania Transp. Inst., The Pennsylvania State Univ., University Park, Pa., 49–52.
7.
Gittings, G. L. (1987). “Tort liability and risk management.” J. Transp. Engrg., ASCE, 113(1), 27–41
8.
Lewis, R. M. (1983). “Practical guidelines for minimizing tort liability.” National Cooperative Highway Research Program, Synthesis of Highway Practice 106, Transp. Res. Board, Washington, D.C., 12, 33–35.
9.
Lyles, S. F. (1986). “A state attorney's perspective.” Transportation Research Circular 308, Transp. Res. Board, Washington, D.C., 10.
10.
Pigman, J. G., Agent, K. R., and Zegeer, C. V. (1979). “Interstate safety improvement program.” Research Report No. 517, Kentucky Dept. of Transp., Frankfort, Ky.
11.
Poister, T. H. (1978). Public program analysis. University Park Press, Baltimore, Md., 443.
12.
Survey on the status of sovereign immunity in the states. (1987). American Association of State Highway and Transportation Officials, Administrative Subcommittee on Legal Affairs, Washington, D.C., 36–45.
13.
TRB. (1987). “Designing safer roads: Practices for resurfacing, restoration, and rehabilitation.” Special Report 214, Transp. Res. Board, Washington, D.C., 184.
14.
Vaughn, E. C. (1986). Fundamentals of risk and insurance. 4th Ed., John Wiley and Sons, Inc., New York, N.Y.
15.
Zegeer, C. V. (1986). “Methods for identifying hazardous highway elements.” National Cooperative Highway Research Program, Synthesis of Highway Practice 128, Transp. Res. Board, Washington, D.C., 46–49.
Information & Authors
Information
Published In
Journal of Transportation Engineering
Volume 117 • Issue 1 • January 1991
Pages: 103 - 122
Copyright
Copyright © 1991 ASCE.
History
Published online: Jan 1, 1991
Published in print: Jan 1991
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