Download or read book Roadway Defects and Tort Liability written by John C. Glennon and published by Lawyers & Judges Publishing. This book was released on 1996-01-01 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Roadway Safety and Tort Liability written by John C. Glennon and published by Lawyers and Judges Publishing. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roadway Safety and Tort Liability, the second edition of Roadway Defects and Tort Liability, provides an extensive review of roadway design, roadway maintenance, traffic safety and human factors aspects of roadway safety. This edition has been expanded to include many important new topics. The first half examines the various structural components that make roads either safe or unsafe. It guides you through common roadway defects, explores historical standards, accident circumstances, and legal arguments. The second half provides an overview of lawsuits brought against states, and municipalities for accidents claimed to have been caused by one or more of the roadway safety topics discussed in the first section of the book.
Download or read book Defining a Road Safety Audits Program for Enhancing Safety and Reducing Tort Liability written by Roger S. Owers and published by . This book was released on 2000 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing Highway Tort Liability written by Russell M. Lewis and published by Transportation Research Board. This book was released on 1994 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synthesis will be of interest to highway agency administrative and executive officers, risk managers, legal officials, as well as to highway design, traffic, and safety engineers, enforcement agency personnel, claims managers, and others concerned with managing tort liability programs in state transportation agencies. It describes the state of the practice with respect to the manner in which these agencies manage highway tort liability programs. Management of claims associated with highways, streets, and pedestrian facilities is the focus of this synthesis, which describes program elements, costs, staffing, risk avoidance, and management requirements. This report of the Transportation Research Board describes the design and implementation of procedures and techniques to manage tort liability programs. Much of the material in this synthesis is also applicable to managing risks associated with modes other than highways within the state transportation agency. There is also applicability to local highway agencies, toll authorities, and public transit agencies.
Download or read book Assessment of Tort Liability Risk Management in the Virginia Department of Transportation written by Donald Culkin and published by . This book was released on 1988 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Virginia Department of Transportation (VDOT) faces a growing tort liability problem. Under the Virginia Tort Claims Act, VOOT is liable for up to $75,000 for negligent or wrongful acts or omissions committed by its employees within the scope of their employment. VOOT must also pay judgments rendered against its employees as individuals for acts of negligence committed within the scope of their employment. In many cases, sovereign immunity will protect VOOT employees from tort claims. However, courts are increasingly willing to find state employees liable for negligent acts or omissions. To control future liability exposure, VDOT must develop a program to reduce the risk of tort liability. A comprehensive risk management system would attack the problem at three points. First, by making the roadways safer, the number of claims would be held to a minimum. Second, by improving VDOT's ability to defend tort claims, the number of claims paid and amounts awarded would be held to aminimum. Finally, by quickly settling claims that VDOT will inevitably lose and by setting aside money to pay such claims, a risk management program would assure that VDOT is prepared for unavoidable tort liability. This report documents the findings of the initial phase of VDOT's effort to develop a comprehensive risk management system. The purpose of this phase was to assess VDOT's exposure to tort liability and to describe existing efforts forcontrolling risk. In subsequent phases, the findings discussed herein will be used to design and implement improvements in VDOT's existing risk management efforts. VDOT's risk-causing activities include the design, construction, and maintenance of roadways. Claims alleging negligent maintenance are the most frequently filed, but only 13 percent of these claims are paid. The low success rate of these claimants indicates that VDOT is effectively responding to roadway defects even though there are currently no formalized procedures for ensuring an effective response. VDOT obtains information about roadway defects from many sources. However, there are no uniform policies for collecting such information or for agency-wide distribution of the important information produced by these various sources. VDOT attempts to transfer some risks to contractors and consultants through indemnity and insurance agreements. Risks that cannot be prevented or transferred are assumed through self-insurance.
Download or read book Construction and Maintenance Practices to Minimize the Potential Liability of Counties for Roads in Rural Subdivisions written by Robert Lowell Carstens and published by . This book was released on 1981 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an earlier research project, HR-204, the magnitude and nature of highway related tort claims against counties in Iowa were investigated. However, virtually all of the claims identified in that research resulted from incidents that occurred in areas with predominantly agricultural land use. With recent increases in the rural non-farm population, many traditionally urban problems are also appearing in built-up areas under county jurisdiction. This trend is expected to continue so that counties must anticipate a change in the nature of the tort claims they will encounter. Problems that heretofore have been unique to cities may become commonplace in areas for which counties are responsible. The research reported here has been directed toward an investigation of those problems in rural subdivisions that lead to claims growing out of the provision of highway services by counties. Lacking a sufficient database among counties for the types of tort claims of interest in this research, a survey was sent to 259 cities in Iowa in order to identify highway related problems leading to those claims. The survey covered claims during a five year period from 1975 to 1980. Over one-third of the claims reported were based on alleged street defects. Another 34 percent of the claims contained allegations of damages due to backup of sanitary sewers or defects in sidewalks. By expanding the sample from the 164 cities that responded to the survey, it was estimated that a total of $49,000,000 in claims had been submitted to all 259 cities. Over 34% of this amount resulted from alleged defects in the use of traffic signs, signals, and markings. Another 42% arose from claims of defects in streets and sidewalks. Payments in settlement of claims were about 13.4% of the amount asked for those claims closed during the period covered by the survey. About $9,000,000 in claims was pending on June 30, 1980 according to the information furnished. Officials from 23 cities were interviewed to provide information on measures to overcome the problems leading to tort claims. On the basis of this information, actions have been proposed that can be undertaken by counties to reduce the potential for highway-related claims resulting from their responsibilities in rural subdivisions and unincorporated communities. Suggested actions include the eight recommendations contained in the final report for the previous research under HR-204. In addition, six recommendations resulted from this research, as follows: 1. Counties should adopt county subdivision ordinances. 2. A reasonable policy concerning sidewalks should be adopted. 3. Counties should establish and implement a system for setting road maintenance priorities. 4. Counties should establish and implement a procedure for controlling construction or maintenance activities within the highway right of way. 5. Counties should establish and implement a system to record complaints that are received relating to highway maintenance and to assure timely correction of defective conditions leading to such complaints. 6. Counties should establish and implement a procedure to ensure timely advice of highway defects for which notice is not otherwise received.
Download or read book Safer Construction and Maintenance Practices to Minimize Potential Liability by Counties from Highway Accidents written by Robert Lowell Carstens and published by . This book was released on 1979 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort claims resulting from alleged highway defects have introduced an additional element in the planning, design, construction, and maintenance of highways. A survey of county governments in Iowa was undertaken in order to quantify the magnitude and determine the nature of this problem. This survey included the use of mailed questionnaires and personal interviews with County Engineers. Highway-related claims filed against counties in Iowa amounted to about $52,000,000 during the period 1973 through 1978. Over $30,000,000 in claims was pending at the end of 1978. Settlements of judgments were made at a cost of 12.2% of the amount claimed for those claims that had been disposed of, not including costs for handling claims, attorney fees, or court costs. There was no clear time trend in the amount of claims for the six-year period surveyed, although the amount claimed in 1978 was about double the average for the preceding five years. Problems that resulted in claims for damages from counties have generally related to alleged omissions in the use of traffic control devices or defects, often temporary, resulting from alleged inadequacies in highway maintenance. The absence of stop signs or warning signs often has been the central issue in a highway-related tort claim. Maintenance problems most frequently alleged have included inadequate shoulders, surface roughness, ice o? snow conditions, and loose gravel. The variation in the occurrence of tort claims among 85 counties in Iowa could not be related to any of the explanatory variables that were tested. Claims appeared to have occurred randomly. However, using data from a sub sample of 11 counties, a significant relationship was shown probably to exist between the amount of tort claims and the extensiveness of use of warning signs on the respective county road systems. Although there was no indication in any county that their use of warning signs did not conform with provisions of the Manual on Uniform Traffic Control Devices (Federal Highway Administration, Government Printing Office, Washington, D.C., 1978), many more warning signs were used in some counties than would be required to satisfy this minimum requirement. Sign vandalism reportedly is a problem in all counties. The threat of vandalism and the added costs incurred thereby have tended to inhibit more extensive use of traffic control devices. It also should be noted that there is no indication from this research of a correlation between the intensiveness of sign usage and highway safety. All highway maintenance activities introduce some extraordinary hazard for motorists. Generally effective methodologies have evolved for use on county road systems for routine maintenance activities, procedures that tend to reduce the hazard to practical and reasonably acceptable levels. Blading of loose-surfaced roads is an example of such a routine maintenance activity. Alternative patterns for blading that were investigated as part of this research offered no improvements in safety when compared with the method in current use and introduced a significant additional cost that was unacceptable, given the existing limitations in resources available for county roads.
Download or read book Supplement to Liability of the State for Injury producing Defects in Highway Surface written by Transportation Research Board and published by . This book was released on 1990 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability of the state for injury producing defects in highway surface written by and published by . This book was released on 1990 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book THE EFFECT OF THE NO FAUL AUTOMOBILE INSURANCE LAW ON ROAD COMMSSION LIABILITY FOR DEFECTIVE ROADS written by Hal O. Carroll, Dennis M. Powers and published by . This book was released on 1979 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Factors Guidelines for Road Systems written by John L. Campbell and published by Transportation Research Board. This book was released on 2008 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: NCHRP report 600 explores human factors principles and findings for consideration by highway designers and traffic engineers. The report is designed to help the nonexpert in human factors to consider more effectively the roadway user's capabilities and limitations in the design and operation of highway facilities.
Download or read book Liability of the State for Injury producing Defects in Highway Surface written by John C. Vance and published by . This book was released on 1982 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability of the State for Injuries Caused by Obstructions Or Defects in Highway Shoulder Or Berm written by John C. Vance and published by . This book was released on 1986 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Traffic Improvements written by ITE Educational Foundation and published by . This book was released on 1980 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide for Pavement Friction written by and published by AASHTO. This book was released on 2008 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report contains guidelines and recommendations for managing and designing for friction on highway pavements. The contents of this report will be of interest to highway materials, construction, pavement management, safety, design, and research engineers, as well as others concerned with the friction and related surface characteristics of highway pavements.
Download or read book The Law and Roadside Hazards written by James F. Fitzpatrick and published by . This book was released on 1974 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Improved Safety Information to Support Highway Design written by Ronald C. Pfefer and published by Transportation Research Board. This book was released on 1999 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
