TORT CLAIMS INVOLVING ROADSIDE SAFETY. A HIGHWAY ENGINEER'S PERSPECTIVE

Since highway design standards affecting safety have been changing for the past 30 years, very few roads completely conform with the latest standards regarding shoulder width, slopes, guardrail and fixed objects. According to law, nonstandard does not equate with hazardous. However, the best defense against tort suits is a systematic prioritized program of highway safety improvements. California's effort to upgrade roadside safety on freeways with a program called CURE (Clean Up Roadside Environment) is described. CURE, together with the incorporation of safe roadside standards in all new freeway construction resulted in a dramatic reduction in the fatality rate from run-off-the-road accidents. The program includes a Median Monitoring System in which an annual review is made of cross-median accidents and traffic volumes to identify locations which warrant the installation of a barrier. The article also notes that blanket-type programs for improving safety on freeways by upgrading standards may not be cost-effective when applied to the conventional highway system. A priority system for upgrading a few items has also been developed.

• Record URL:
  • https://onlinepubs.trb.org/Onlinepubs/trcircular/308/308-003.pdf
• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/00978515
• Supplemental Notes:
  • Transportation Research Circular Number 308, "Tort Claims Involving Roadside Safety," contains the proceedings of a workshop sponsored by the Transportation Research Board Committee (A2A04) on Safety Appurtenances and held at Santa Cruz, California, August 7-8, 1984. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • HENRY, D
• Publication Date: 1986-9

Media Info

• Media Type: Digital/other
• Features: Figures;
• Pagination: pp 7-9
• Serial:
  • Transportation Research Circular
  • Issue Number: 308
  • Publisher: Transportation Research Board
  • ISSN: 0097-8515

Subject/Index Terms

• TRT Terms: Cost effectiveness; Design standards; Freeways; Highway design; Highway engineers; Highway safety; Insurance claims; Loss and damage claims; Median barriers; Monitoring; Roadside; Safety; Strategic planning; Tort liability; Traffic safety
• Subject Areas: Administration and Management; Design; Finance; Highways; Law; Operations and Traffic Management; Safety and Human Factors; I73: Traffic Control;

Filing Info

• Accession Number: 00459732
• Record Type: Publication
• Report/Paper Numbers: HS-039 895
• Files: TRIS, TRB
• Created Date: Nov 30 1988 12:00AM