TRAFFIC CONTROL AND LIABILITY: THREE CASES

Both state and local governments report that a great percentage of suits filed against them involve alleged improper use or maintenance of traffic control devices, as illustrated by the three cases cited here. In California, a developer, a condominium association and the City of San Diego were sued for the death of a woman at a city-owned intersection. The suit contended that the intersection was dangerously abstructed by an address sign and shrubbery. The sign had been erected by the developer and had subsequently become property of the association, neither party having secured a permit from the city. The California Supreme Court supported the plaintiff's contention that, by allowing thee sign to remain the city had negligently maintained the intersection in a dangerous and defective condition. In Iowa, Wayne County was sued for using too maany signs too close together, thus partially restricting the view of the intersecting road. As a result, the plantiff, a motorcylist was injured in a collision with a car. The spacing of the signs was contrary to the guidelines in the traffic Control Devices Handbook. Had their placement conformed to the guidelines, the partial view of the intersecting road would not have been blacked. As it was, the view was only blocked for a second; but the jury nevertheless found for the plaintiff. Finally, a more common case involving the alleged failure to install 4-way stop signs at an intersection was settled in Michigan. The intersection in question was found to have a higher than desirable accident frequency. An expert witness maintained that the state should have installed the signs since they help reduce sight angle collisions at high speed. Michigan DOT settled with the plaintiff for $650000.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/0884612X
• Corporate Authors:

  TranSafety Incorporated

  2020 K Street, NW, Suite 350
  Washington, DC  United States  20006
• Publication Date: 1985-6

Media Info

• Pagination: p. 1-2
• Serial:
  • TRANSAFETY REPORTER
  • Volume: 3
  • Issue Number: 6
  • Publisher: TranSafety, Incorporated
  • ISSN: 0884-612X

Subject/Index Terms

• TRT Terms: Intersections; Liability; Litigation; Local government; Location; Signs; Spacing; State departments of transportation; Traffic control devices
• Old TRIS Terms: Placement
• Subject Areas: Highways; Law; Operations and Traffic Management; I73: Traffic Control;

Filing Info

• Accession Number: 00396376
• Record Type: Publication
• Files: TRIS
• Created Date: Feb 28 1986 12:00AM