LEGAL LIABILITIES FOR HIGHWAYS AND TRAFFIC CONTROL

Arguments is support of abolishing the immunity doctrine are presented, factors which an agency with transportation responsibilities should be aware of are listed, and the functions and responsibilities of a traffic engineer are discussed. The arguments in support of abolishment include the following- lack of governmental approval; changed operational conditions; notice of dangerous and defective condition; change in physical condition; violation of design specification; construction, operational or maintenance functions distinguished from design; changing design standards; good engineering practice; and product liability. Agencies should be continually aware of roadway volumes and trends, roadway speeds and trands, accident history to include number, type and location; accident rates for both intersections and roadway sections; existing roadway deficinecies and estimated costs to eliminate roadway deficiences. The importance is stressed of reviewing copies of accident reports, and the immediate investigation of the more serious accidents in anticipation of potential law suits. The investigator should presume that the roadway or traffic control measures may have been a contributing cause of the accident.

  • Availability:
  • Corporate Authors:

    Public Works Journal Corporation

    P.O. Box 688
    Ridgewood, NJ  United States  07451
  • Authors:
    • Schultz, T G
  • Publication Date: 1975-12

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00131370
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 14 1976 12:00AM