TORT CLAIMS INVOLVING ROADSIDE SAFETY. A STATE ATTORNEY'S PERSPECTIVE

This paper notes that claims against the state are a serious problem in Louisiana, and recommends better communication between legal and engineering divisions of state highway agencies. Changes in Lousiana jurisprudence account for much of the increase, the courts having processed to what is called "strict liability." Proposed legislative remedies such as limitation of liability or legislative restoration of the "notice" requirements have been unsuccessful. Engineering prevention of defects that cause these accidents is seen as the only other solution. Louisiana's legal division started a program to transmit copies of each new suit received to the district offices for any available information on file that might aid in defense. Additionally, the engineering division has developed a computer program to classify the types of accident by type of defect.

• Record URL:
  • https://onlinepubs.trb.org/Onlinepubs/trcircular/308/308-004.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:
  • Lyles, S F
• Publication Date: 1986-9

Media Info

• Media Type: Digital/other
• Features: Tables;
• Pagination: pp 10-11
• Serial:
  • Transportation Research Circular
  • Issue Number: 308
  • Publisher: Transportation Research Board
  • ISSN: 0097-8515

Subject/Index Terms

• TRT Terms: Communication; Computer programs; Defects; Engineers; Highway safety; Insurance claims; Laws; Liability; Loss and damage claims; Roadside; State departments of transportation; Tort liability
• Old TRIS Terms: Communicating
• Subject Areas: Administration and Management; Design; Finance; Highways; Law; Operations and Traffic Management; Safety and Human Factors; I73: Traffic Control;

Filing Info

• Accession Number: 00459733
• Record Type: Publication
• Report/Paper Numbers: HS-039 895
• Files: TRIS, TRB
• Created Date: Nov 30 1986 12:00AM