Research Article
Jul 1982
Lawsuits Arising Out of Reconstruction
Publication: Transportation Engineering Journal of ASCE
Volume 108, Issue 4
Abstract
Liability judgements resulting out of negligence in the performance of highway design, construction or maintenance activities have continued to increase in the past decade, notwithstanding improved inspection and signing practices. This can be attributed to increased familiarity with the literature on the subject and with codes and guidelines addressing all aspects of highway work. The increase in judgements evidences impatience with those administrators or contractors who ignore the guidelines or who appear to have made a conscious decision to gamble with the public's safety. Application of the case law which has been developed can result in a decrease in future judgements and a safer system. It is time for contractors and administrators to recognize that the protections relied upon in the past to cover culpability are no longer present. The Federal Government is in an obvious period of retrenchment, State legislators are responding to public pressures to make Government accountable and the courts refuse to accept the English notion of the sovereign.
Get full access to this article
View all available purchase options and get full access to this article.
Information & Authors
Information
Published In
Transportation Engineering Journal of ASCE
Volume 108 • Issue 4 • July 1982
Pages: 392 - 407
Copyright
© 1982 American Society of Civil Engineers.
History
Published in print: Jul 1982
Published online: Feb 5, 2021
Permissions
Request permissions for this article.
Authors
Affiliations
David C. Oliver
Attorney Advisor, Motor Carrier and Highway Safety Law Div., Office of the Chf. Counsel, Federal Highway Administration, Room 4224, Nassif Building, 400 7th St., SW., Washington, D.C.
Metrics & Citations
Metrics
Citations
Download citation
If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.
View Options
Get Access
Access content
Please select your options to get access
Log in/Register
Log in via your institution (Shibboleth)
ASCE Members:
Please log in to see member pricing
Purchase
Save for later Item saved, go to cart Information on ASCE Library Cards
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.
Get Access
Access content
Please select your options to get access
Log in/Register
Log in via your institution (Shibboleth)
ASCE Members:
Please log in to see member pricing
Purchase
Save for later Item saved, go to cart Information on ASCE Library Cards
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.