HIGHWAY DESIGN LIABILITY
This publication presents cases to illustrate the fact that it is the legal duty of the governmental agency to design and maintain safe highways. It is shown that highways should be designed to fit driver abilities and limitations. They should not be so constructed and maintained as to require the driver to compensate for their limitations. When this has not been done and injury occurs, the governmental agency, like a private citizen, should pay for the harm caused. The cases are presented in two major sections. The first focuses on the duty of the government and covers such matters as discretionary acts, negligence, liability for roadside hazards, human error and the "forgiving roadside", and the duty to eliminate hazards or warn against them. The second section focuses on the negligence of utilities for location of poles. This section covers statutes, administrative regulation, case law, proximate cause, and non-delegable duty. Several appendices provide further information on such matters as jury instructions, legal references, roadside hazards, engineering diagrams, Highway Safety Program Manuals, as well as reports, journals and other references.
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Supplemental Notes:
- Civil Practice Series.
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Corporate Authors:
Association of Trial Lawyers of America
1050 31st Street, NW
Washington, DC United States 20007 -
Authors:
- Messina, J L
- Publication Date: 1983
Media Info
- Features: Appendices;
- Pagination: 101 p.
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Serial:
- Issue Number: 6
Subject/Index Terms
- TRT Terms: Courts; Government agencies; Hazards; Highway design; Highway maintenance; Highway safety; Human factors; Laws; Legal documents; Liability; Negligence; Public utilities; Road construction; Roadside; Support poles
- Uncontrolled Terms: Utilities
- Old TRIS Terms: Discretionary powers; Forgiving; Juries
- Subject Areas: Administration and Management; Design; Highways; Law; Operations and Traffic Management; Safety and Human Factors; Security and Emergencies; I73: Traffic Control;
Filing Info
- Accession Number: 00462121
- Record Type: Publication
- Files: TRIS
- Created Date: Jan 31 1987 12:00AM