LIABILITY FOR WET-WEATHER SKIDDING ACCIDENTS AND LEGAL IMPLICATIONS OF REGULATIONS DIRECTED TO REDUCING SUCH ACCIDENTS ON HIGHWAYS

This paper considers the question of state liability for the failure to exercise reasonable care in: (1) design, construction, and maintenance of highway pavements to achieve acceptable skid resistance; (2) selection of the appropriate method to reduce skidding accidents; (3) inventorying of hazardous skidding locations; (4) collection of accident data; and (5) standardization of skid measurement practices and procedures. The discretionary nature of several of these requirements and the admissibility into evidence and use of skidding regulations at trial are discussed. The state's duty to guard against slippery road conditions is reviewed, and the basic aspects of the wet-weather skid-reduction regulations are analyzed. Liabilities associated with the initiation of the wet-weather skid-reduction program are examined. Cases in which pavement design and selection have been held to involve actions discretionary in nature are discussed. Exceptions to immunity for pavement design are noted. The paper also discusses the liability of negligence in the construction and execution phase of wet-weather skid reduction as well as the liability for failure to correct hazardous wet-weather skidding locations.

Language

  • English

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Filing Info

  • Accession Number: 00178361
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Aug 31 1998 12:00AM