RESPONDING TO TORT LITIGATION: A MICHIGAN CASE HISTORY

Michigan's Act 170 is discussed, judgements issued in 3 cases are reviewed, and the development of a positive program of response to tort litigation is outlined. Five factors are identified which are necessary to establish liability: the existence of a hazard that is the proximate cause of the accident; knowledge by the responsible agency of the hazard; failure to correct the hazard; failure to warn of the hazard; and the availability of method, time and funds to correct the hazard. The importance of an effective accident surveillance for a legally defensible safety program is emphasized. The categorization of road types, the study of concentrations of accident types and the identification of high accident locations are equally important. A 11-step review-analysis procedure to ensure that all identified locations are subjected to critical engineering appraisal is outlined.

• Record URL:
  https://onlinepubs.trb.org/Onlinepubs/trnews/tr-news-66-01.pdf
• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/07386826
• Supplemental Notes:
  • 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:
  • Orme, D E
• Publication Date: 1976-9

Media Info

• Media Type: Digital/other
• Features: Figures; Photos;
• Pagination: p. 4-6
• Serial:
  • Transportation Research News
  • Issue Number: 66
  • Publisher: Transportation Research Board
  • ISSN: 0738-6826

Subject/Index Terms

• TRT Terms: Classification; Hazards; High risk locations; Laws; Liability; Litigation; Streets; Surveillance; Tort liability; Traffic crashes; Warning signs
• Uncontrolled Terms: Highway classification
• Subject Areas: Highways; Law; Operations and Traffic Management; Safety and Human Factors;

Filing Info

• Accession Number: 00144031
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Dec 22 1976 12:00AM