LOUSIANA LIABLE IN WORK ZONE DEATH: NO SHOULDER EDGE STRIPE

A Louisiana Court of Appeal affirmed a lower Court decision which awarded $361,259 for the wrongful death and injuries of victims of an accident when a truck collided with a bridge abutment while the road was under construction. It was found that Louisiana Department of Transportation created a hazardous condition at the accident site, and it should have warned oncoming drivers. The accident site and the circumstances are described. Although the DOTD contended that it had not created a hazardous condition, the Appeal Court noted there was nothing to distinguish the roadway from the shoulder for an unwary motorist. The plaintiff's expert witness referred to the 1978 "Manual on Uniform Traffic Control Devicses (MUTCD)" which addresses roadway safety in work zones. The duty of DOTD enunciated by statute and case law is pointed out. The Appeal Court found that the DOTD breached its duty to maintain safe shoulders in its failure to adequately mark and sign an approach to a bridge under construction. The Court also addressed the fact that the contract for this construction made no signing requirements, nor any reference to what should be done after removing guard rails from a concrete bridge.

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

  TranSafety, Incorporated

  8136 Old Keene Mill Road, Suite B-101
  Springfield, VA  United States  22152
• Publication Date: 1987-5

Media Info

• Pagination: p. 1-3
• Serial:
  • TRANSAFETY REPORTER
  • Volume: 5
  • Issue Number: 5
  • Publisher: TranSafety, Incorporated
  • ISSN: 0884-612X

Subject/Index Terms

• TRT Terms: Bridge railings; Bridges; Courts; Edge lines; Fatalities; Injuries; Liabilities; Road shoulders; Warning signs; Work zone traffic control
• Subject Areas: Bridges and other structures; Finance; Highways; Law; Operations and Traffic Management; Safety and Human Factors; I73: Traffic Control;

Filing Info

• Accession Number: 00472160
• Record Type: Publication
• Files: TRIS
• Created Date: Jul 31 1987 12:00AM