TECHNICAL PAPERS
May 1, 1996

Risk Management Principles of Transportation Facility Design Engineering

Publication: Journal of Transportation Engineering
Volume 122, Issue 3

Abstract

Accidents continue to occur on our transportation facilities. People injured in these accidents continue to file lawsuits against transportation agencies, in part because the language used in published standards for design and maintenance contain deficiencies. Risk management is the organized approach to preventing or reducing lawsuits. Past risk management research has focused almost exclusively on identifying the physical characteristics of a road that are most often the subject of lawsuits. No attention has been given to the question of whether the language of design standards influences the frequency of lawsuits. This author suggests that written design standards be reviewed and possibly redrafted to reduce the frequency of lawsuits. Language in design standards that is clear, objective, quantifiable, reasonable, and qualified will best serve this goal. When engineers choose to deviate from published standards, a written explanation for the deviation should be prepared.

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References

1.
Gittings, G. L.(1987). “Tort liability and risk management.”J. Transp. Engrg., ASCE, 113(1), 27–41.
2.
Gittings, G. L.(1991). “Highway elements associated with tort liability actions.”J. Transp. Engrg., ASCE, 117(1), 103–122.
3.
Highway design manual. (1971). Washington State Dept. of Transp. Roadway Devel. Div., Olympia, Wash., 262.
4.
Lewis, R. M.(1983). “Practical guidelines for minimizing tort liability.”Nat. Cooperative Hwy. Res. Program; Synthesis of Hwy. Pract. 106, Transp. Res. Board, Washington, D.C., 12, 33–35.
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Manual on uniform traffic control devices for streets and highways. (1988). U.S. Dept. of Transp. Federal Hwy. Admin., Washington, D.C.
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Pivnik, S. I. (1982). Transportation and traffic engineering handbook, 2nd Ed., ITE, Washington, D.C., 821–829.
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A policy on geometric design of highways and streets. (1990). Am. Assoc. of State Hwy. and Transp. Officials (AASHTO), Washington, D.C.
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A policy on geometric design of rural highways. (1965). Am. Assoc. of State Hwy. and Transp. Officials (AASHTO), Washington, D.C.
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“Survey on the status of sovereign immunity in the states.” (1983). Rep., Am. Assoc. of State Hwy. and Transp. Officials (AASHTO), Administrative Subcom. on Legal Affairs, Washington, D.C.

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Go to Journal of Transportation Engineering
Journal of Transportation Engineering
Volume 122Issue 3May 1996
Pages: 207 - 209

History

Published online: May 1, 1996
Published in print: May 1996

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Authors

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Andrew G. Cooley
Attorney-at-law, Keating, Bucklin & McCormack, 800 Fifth Ave., Ste. 4141, Seattle, WA 98104.

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