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 Tort Liability of Highway Agencies written by and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Liability Related to Highways in Kentucky written by Kenneth R. Agent and published by . This book was released on 1990 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Selected Studies in Transportation Law written by Larry W. Thomas and published by . This book was released on 2002* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The text covers the following six principal subjects: Basic theories of tort liability of public transportation agencies; Activities that give rise to transportation tort liability; Immunities and defenses; Trial preparation; Procedural consideration; and Shifting or sharing tort liability.
Download or read book Practical Guidelines for Minimizing Tort Liability written by Russell M. Lewis and published by Transportation Research Board National Research. This book was released on 1983 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre- and post-accident actions; trial preparation; loss mitigation program.
Download or read book Managing Product Liability to Achieve Highway Innovations written by G. L. Gittings and published by Transportation Research Board. This book was released on 1998 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synthesis will be of interest to state Department of Transportation (DOT) engineers, legal counsel, researchers, and administrators; transportation product development engineers, equipment manufacturers, and engineering and product manufacturer associations; state, regional, and federal product testing and evaluation centers; and attorneys of law interested in tort liability as it applies to highway innovations. The synthesis describes the current state of the practice for managing product liability to achieve highway innovations. Information for the synthesis was collected by surveying and interviewing state transportation agencies and private transportation related organizations and by conducting a literature search. This report of the Transportation Research Board identifies and discusses specific tort and product liability problems and principles, the specific tort liability experience of public agencies in state DOTs, and the tort liability experience of private organizations involved in introducing new products to the highway market. In addition, details on the litigation risks of highway innovation, the perceptions and perspectives of public agency and private sector personnel, and the state-of-the-art methods to confront litigation risks are presented. Finally, methodological comparisons and a general tort and product liability overview are included in the appendices.
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 Impact of the Discretionary Function Exception on Tort Liability of State Highway Departments written by National Cooperative Highway Research Program and published by . This book was released on 1989 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Identification of Liability related Impediments to Sharing statute Symbol 409 Safety Data Among Transportation Agencies and a Synthesis of Best Practices written by and published by . This book was released on 2006 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Selected Studies in Highway Law written by Robert W. Cunliffe and published by National Cooperative Highway Re Research Board National Rese. This book was released on 1991 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Reform and smart Highways written by David Randal Ayers and published by . This book was released on 1994 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly automated vehicles and highways--which permit higher travel speeds, narrower lanes, smaller headways between vehicles, and optimized routing (collectively called intelligent vehicle-highway systems or IVHS)-- have been generally conceded to be the most promising solutions to our existing, and future, highway transportation problems. Although IVHS may eventually revolutionize surface transportation, their development is proceeding slowly in part as a result of concerns over the potential impact of tort liability. Specifically, IVHS developers note that although at present, the cost of automobile accidents are for the most part borne by drivers, increased automation may shift accident cost liability to IVHS developers and operators. This study uses a three-step process to evaluate the IVHS tort liability risk problem. The first part evaluates the claim that IVHS are likely to shift accident liability to highway departments or system manufacturers. The second part examines the appropriateness of government intervention as a means of addressing the IVHS liability problems identified in part one. The third part outlines the potential methods of government intervention that have been proposed in the IVHS literature and indicates which solutions are optimal for each type of IVHS technology. The study finds that significant liability problems are unlikely to arise with many forms of IVHS, or if they do, they are not the type of liability that should be addressed through government intervention. However, there are plausible reasons for government intervention for automatic vehicle navigation, collision warning, collision avoidance, speed and headway keeping, and automated highway/guide way systems. The forms of intervention considered in this report are state/federal regulation statutory liability limits federal government indemnification liability disclaimers, liability insurance, and mandatory risk pooling. Approaches to these potential solutions are described in the paper.
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 Impact of the Discretionary Function Exception on Tort Liability of State Highway Departments written by John C. Vance and published by . This book was released on 1989 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper traces the development of the discretionary function exception at the state level through an examination of applicable State statutes and court decisions. The thrust of the paper is to determine the applicability of the exception to the activities of State highway departments. Because the discretionary function exception, when pleaded and proved, operates as a retention of sovereign immunity and hence a complete bar to recovery, it is of great importance to highway lawyers and all others concerned with the tort liability of the State.
Download or read book Reducing Tort Liability written by Robert Lowell Carstens and published by . This book was released on 1988 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Exemption of Highway Authorities from Liability for Non feasonce written by New Zealand. Torts and General Law Reform Committee and published by . This book was released on 1973 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Risk Management and Minimizing Tort Liability for Local Highway Departments written by Frederick M. Howard and published by . This book was released on 1992* with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
