DEFENSE AND SETTLEMENT OF CLAIMS FOR SKIDDING ACCIDENTS

Statutes of limitation of 43 states and the District of Columbia may bar a claim against a highway design engineer. If the design engineer is not protected from claims of third parties by state statute, he or she may have no liability if the design and the structure were completed and accepted by the owner. In determining whether the design engineer may be liable to claims of third parties, that is, the traveling public, 5 questions are to be evaluated. Did the design engineer owe a duty to the public? Was the duty continuing in nature? Was there a breach of the duty? Did the breach of the duty constitute a "public nuisance"? And, did the breach of duty cause or materially contribute to the events giving rise to the claims? Should a claim be made against a design engineer as the result of a skidding accident, drawings, records, and files are the most important defense tools. He or she should always retain the owner's instructions, his or her calculations, and research into design criteria on each project because this material is the record that will determine whether he or she will be exposed to liability.

• Record URL:
  • http://onlinepubs.trb.org/Onlinepubs/trr/1974/523/523-004.pdf
• Summary URL:
  • http://scholar.google.com/scholar_lookup?title=DEFENSE+AND+SETTLEMENT+OF+CLAIMS+FOR+SKIDDING+ACCIDENTS&author=W.+Somerville&publication_year=1974
• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/03611981
• Supplemental Notes:
  • Publication of this paper sponsored by Legal Resources Group Council and Group 2 Council. 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.
• Authors:
  • Somerville, William B
• Conference:
  • 53rd Annual Meeting of the Highway Research Board
  • Location: Washington District of Columbia, United States
  • Date: 1974-1-21 to 1974-1-25
• Publication Date: 1974

Media Info

• Media Type: Digital/other
• Features: References; Tables;
• Pagination: pp 25-30
• Monograph Title: Skid resistance
• Serial:
  • Transportation Research Record
  • Issue Number: 523
  • Publisher: Transportation Research Board
  • ISSN: 0361-1981

Subject/Index Terms

• TRT Terms: Crashes; Engineers; Highway design; Insurance claims; Laws; Liability; Loss and damage claims; Skidding
• Subject Areas: Highways; Law; Safety and Human Factors;

Filing Info

• Accession Number: 00096428
• Record Type: Publication
• ISBN: 0309023688
• Files: TRIS, TRB
• Created Date: Jul 15 1975 12:00AM