Research Article
Aug 1975
Legal Liability and Highway Design and Maintenance
Publication: Transportation Engineering Journal of ASCE
Volume 101, Issue 3
Abstract
The threat of liability arising as a result of highway defects has commanded more respect for legal guidelines and dictums. The general rule of law is that a highway traveler using the highway is entitled to have that highway maintained in a reasonably safe condition. Warning signs must be placed where there are possible dangerous conditions; safety barriers are necessary where safe travel requires them; and lighting is required where a peculiar condition renders it necessary, traffic signals are generally under the rule of governmental capacity. Several recent cases which illustrate the progression of judicial thought to its present day sophistication in the area are thoroughly examined. Especially pertinent are the comments of the court in Martin versus State Highway Commission on the Federally inspired safety program.
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Information
Published In
Transportation Engineering Journal of ASCE
Volume 101 • Issue 3 • August 1975
Pages: 425 - 435
Copyright
© 1975 American Society of Civil Engineers.
History
Published in print: Aug 1975
Published online: Feb 5, 2021
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Authors
Affiliations
David C. Oliver
Attorney-Advisor, Div. of Legislation and Opinions, Office of Chief Counsel, Federal Highway Administration, Washington, D.C.
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ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.
Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.