Académique Documents
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MODULE 6
TRAFFIC SAFETY
July, 2016
Prepared by
and
INTRODUCTION
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It is not sufficient to categorize a roadway as
safe just because it meets all engineering
standards. By satisfying all applicable
standards one provides nominal safety.
This concept does not consider the actual
crash history or potential at a site. We are
more concerned with substantive safety –
what is the actual safety performance of a
site. We should focus on providing
substantive safety and consider all factors
that are contributing to the safety record at
the location being reviewed.
As an example, the criterion for Interstate lane width is 12 feet. A design alternative that
proposes 12-foot lane widths suggests a nominally safe design, whereas an alternative that
proposes 11-foot lane widths would not.
In actuality, the safety effects of incremental differences in a given design dimension can be
expected to produce an incremental, not absolute, change in safety. The nominal safety
concept is limited in that it does not examine or express the actual or expected safety
performance of a highway. This second dimension of safety is critical to making good
decisions regarding design exceptions.
Substantive safety is defined as the actual long term or expected safety performance of a
roadway. This would be determined by its crash experience measured over a long enough time
period to provide a high level of confidence that the observed crash experience is a true
representation of the expected safety characteristics of that location or highway. Quantitative
measures of substantive safety include:
Crash frequency (number of crashes per mile (km) or location over a specified time
period).
Crash type (run-off-road, intersection, pedestrian, etc.).
Crash severity (fatality, injury, property damage).
Expected safety performance will vary based on inherent differences among highway types
and contexts. For example, the frequency and other characteristics of crashes differ for a two-
lane road in rolling rural terrain versus a multi-lane urban arterial versus a freeway
interchange.
Understanding a location’s substantive safety and making judgments about whether it meets
expectations should involve formal comparison of its crash profile with aggregate data for
facilities with similar characteristics—traffic volume, location (urban, rural, suburban),
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functional classification, facility type (two-lane, multi-lane divided, etc.), and terrain. There are
well–established methods for characterizing a location’s substantive safety. This generally
includes applying statistical models of crash experience from broader data bases (safety
performance functions and crash modification factor analysis). It should be based on models
and data from the same jurisdiction of the site being studied.
CRASH CHARACTERISTICS
Safety is not an automatic byproduct of the application of established design and traffic
operations standards and practices. Rather, safety must be “designed into” the roadway,
explicitly considering the safety implications of design and operational decisions.
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Influencing the ability of the driver to
maintain vehicle control and identify
hazards. Significant features include
lane width, alignment, sight distance,
superelevation, and pavement
surface characteristics.
Influencing the number and types of
opportunities that exist for conflicts
with other vehicles, pedestrians,
bicycles, and other road users.
Significant features include access
control, intersection design, railroad
grade crossings, traffic control devices, number of lanes, and medians.
Affecting the consequences of an out-of-control vehicle leaving the traveled way.
Significant features include shoulder width and condition, roadside slopes, fixed
objects, and hazards, roadside barriers, and appurtenances.
Affecting the behavior and attentiveness of the driver, particularly the choice of travel
speed and path. Driver behavior is affected by virtually all elements of the roadway
environment.
In many cases, safety and/or operational problems can be traced to a historical tendency to
base highway designs on minimum standards, rather than adopt an optimum design. The
acceptance of minimum standards as the criteria for design too often has occurred for reasons
of economy. Frequently, a more liberal design would have cost little more over the life of the
project, and would have increased safety and efficiency substantially.
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only the traffic safety consequences
of sight obstructions, but also the
long-term safety benefits of relatively
simple, inexpensive countermeasures
could have a significant impact on
traffic safety.
Intersection safety is a function of
location, adjacent land use, and
functional classification of the
intersecting streets. Improvements to
enhance safety include the categories
of geometric design, traffic control
devices, and signal operations as well
as enforcement and education of drivers and pedestrians.
Roadsides that are flat and unobstructed provide drivers the best opportunity to recover
control of their vehicle after they leave the traveled way. Desirably, roadside slopes
should be 1V:4H or flatter, and fixed objects and other hazards should be removed
from within the clear zone.
Traffic signing and pavement marking improvements have one of the highest benefit/cost
ratios of any highway safety treatment. In particular, larger signs, larger sign legends,
and improved retroreflectivity of signs for nighttime visibility aid all drivers, but
especially older drivers.
Traffic signals are effective in reducing certain types of intersection crashes. Appropriate
timing of phase change intervals and pedestrian clearance intervals, and appropriate
placement of detectors to provide decision zone protection are critical to improved
safety.
Pavement surface conditions, including slippery pavements, rutting, inadequate drainage,
and inadequate cross-slope, can lead to crashes, especially in wet weather.
The highway should offer no surprises to the driver in terms of either geometrics or traffic
controls. The violation of driver expectancies, the result of such a discontinuity of the highway
environment, is undoubtedly a large factor in the chain of events that leads to many crashes,
and thus a situation to be avoided.
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Prioritize safety improvement projects
Safety effectiveness evaluate of
treatments
Crash Database
Data used in safety studies, to a large extent,
is recorded by police officers on report
forms or electronic devices soon after a crash
has occurred. Important information
includes crash location, type, severity,
environmental conditions, and driver
actions. It must be recognized that this data
collection is subject to a number of potential
weaknesses that must be considered when
using the data:
Not all crashes are reported to the
police, especially those that involve
only property damage
Different jurisdictions may have significantly different reporting thresholds, and such
thresholds may change over time making comparisons difficult
There can be inaccuracies in reported data due to simple typographical errors, location
estimates, and incomplete reporting.
There are also inherent limitations to crash data due to natural variations in crash occurrence
from year to year. If not considered and accounted for, these limitations may introduce bias
into safety analyses. Because crashes are random events, crash frequencies naturally fluctuate
over time at any given site. This randomness means that short-term crash frequencies alone
are not a reliable estimator of long-term crash frequency. Short-term crash frequency may vary
considerably from the long-term average crash frequency. It is difficult to know whether
changes in observed crash frequency are due to changes in site conditions or are due to natural
fluctuations. When a period with comparatively high crash frequency is observed, it is
statistically probable that the following period will have a comparatively low crash frequency.
This tendency is known as regression-to-the-mean. If not accounted for, regression-to-the-mean
bias can result in the over-estimation (or under-estimation) of the effectiveness of a safety
treatment. The effect of regression-to-the-mean can be overcome by using long-term average
crash frequency in selecting sites for improvement and in evaluating effectiveness of
improvements. However, this can only be done if there are no changes at the site (e.g.,
geometrics, traffic control, traffic volumes, roadside development) during the long-term
period. This is often not the case.
Finally, it must be recognized that relying on data about past crashes, as a method of
identifying sites for safety improvements, is an inherently reactive approach. Because of the
limitations in the use of crash data, increasingly, agencies are using a more proactive approach
to road safety, using the analytic tools of the Highway Safety Manual.
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Network Screening
Various techniques are available for
identifying spot locations or roadway
segments that have experienced a higher-
than-expected frequency, rate, or severity of
crash occurrence. A preliminary listing of
problem locations may be based on actual
crash experience or on the potential for
crashes. For each location that has been
identified as having an existing or potential
safety problem, the severity of that problem
must be quantified. In this manner, locations
can be compared in terms of relative hazard,
and efforts to identify causes and candidate
solutions concentrated on the more serious problems. The identification of hazardous
locations and features is an important process. These may include spot locations (such as a
railroad grade crossing or a narrow bridge); intersections; roadway sections (perhaps of
considerable length); or a street system (such as a neighborhood street system where crashes
at individual intersections may be infrequent, but on an aggregated basis, a safety problem
emerges).
In some cases, it is desirable to give more emphasis to locations that have experienced greater
than expected crash severity. However, fatal crashes should not be over-emphasized in the
process of identifying high-hazard locations. In most cases, the difference between a fatal or
an injury or a property-damage-only crash is simply a matter of chance.
Hazardous highway locations may or may not be high-crash locations. Many locations with
narrow bridges, slick pavements, numerous rigid roadside obstacles, etc., have a high crash
potential but may not yet have a history of high-crash occurrence. Early warning analysis should
be conducted routinely to identify locations that have a sudden increase in crashes or crash
potential. Sudden increases in crash potential may be noticed by observing a rash of skid marks,
erratic maneuvers, dents in guardrail, or other such indicators at a location.
Various techniques are available to identify spot locations or roadway sections that have
experienced a higher than expected
frequency or rate of crash occurrence. The
appropriate technique depends on availability
of data (e.g., traffic volumes), size and
complexity of roadway system, and technical
sophistication of the analyst and decision-
maker. The goal of any technique used is to
select those locations most in need of safety
improvements.
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segments of uniform lengths are simply ranked in order of the number of crashes that
occurred during a given time period. This technique requires data from crash reports.
Although simple to perform, reliance on crash frequency tends to bias the
identification process in favor of higher volume roadway sections and intersections.
As a result, it may ignore severe safety problems on low-volume roads or intersections.
The identification process may be improved by categorizing roadway segments and
intersections according to functional classification (e.g., freeway, arterial, collector,
local), and developing separate rankings for each category.
Crash rates are normally considered better indicators of risk than crash frequencies
alone, because they account for differences in traffic volumes, and hence exposure.
Crash rates for roadway segments are normally expressed in terms of crashes per 100
million vehicle-miles (100 million
vehicle-kilometers) of travel
(100MVM or 100MVK), using the
following equation:
C 100,000,000
R SEC
365 T V L
C 1,000,000
R SPOT
365 T V
Ranking locations by crash rates requires traffic volume data for all roadway segments
or spots. Because it accounts for exposure to potential crashes, it is generally superior
to crash frequency as a means of identifying high hazard locations. However, it may
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result in a bias in favor of low-volume locations that have relatively few crashes, but a
high crash rate. Although such a location may be of concern, it may offer less overall
benefit in terms of crashes reduced when compared with a higher volume location
with more numbers of crashes (and hence more crashes that could be reduced.
Establishing weighting factors is difficult. Care should be taken so that fatal and/or
injury crashes are not weighted too heavily, which can lead to biases in the ranking of
high hazard locations by over-emphasizing or locations with a few severe crashes.
Rate quality control method applies statistical concepts to avoid pitfalls associated with
random variation in crash frequency. Because crashes are relatively rare events, the
actual number of crashes at a given location may vary considerably from year to year.
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The rate quality control method
determines whether the actual crash
rate varies from the average of
similar locations more than could be
attributed to pure chance. The
critical crash rate is calculated for
each location as follows:
Ra 1
Rc Ra K
V 2V
If the actual crash rate for a location is greater than the critical rate, then the location
is considered hazardous. In other words, the crash rate is significantly higher than the
average rate for similar locations. K values of 1.282, 1.645, and 2.327 correspond to
levels of confidence of 90, 95, and 99 percent, respectively. The lower the value of K,
the greater the chance that a location will be identified as hazardous when it really is
not.
EP = w(NP) + (1-w)NA
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a specified period of time
NA = Number of crashes observed during a specified period of time
w = Weighting factor which determines the weight to be placed on
the crash frequency predicted by the crash prediction model
At railroad grade crossings, past crash history is often a poor indicator of the true
hazardousness of a given location because crashes tend to be very rare and random.
The use of a crash prediction model, along with actual crash data, can improve the
ability to correctly identify high-hazard locations. The expected crash frequency (EP)
calculated using Bayesian methods can be used directly to rank locations for safety
investigation.
Highway Safety Manual (HSM) Predictive Method has been developed due to the
recognition of the need for standardized, quantitative methods for crash estimation
and crash evaluations that address the limitations of use of data on past crashes. The
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HSM provides quantitative methods
to reliably estimate expected average
crash frequencies and severities at a
site, facility, or roadway network. The
predictive method allows for crash
estimation in situations where no
crash data are available. Where crash
data are available, the Empirical Bayes
method is used to apply a weighting
factor is to combine the estimation
from the HSM model with observed
crash frequency.
The prediction model to estimate the expected average crash frequency generally takes
the form:
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Where: Npredicted = predictive model estimate of crash frequency for a specific year on
the site type (crashes/year)
NSPF = predicted average crash frequency determined for base conditions for
the site type (crashes/year)
CMFn = Crash Modification Factor for local conditions for site type.
C = Calibration Factor to adjust for local conditions for site type
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When several types of
improvements are included in a
project, the CMFs for the various
improvements must be combined by
multiplying them together.
15
Other non-crash indicators of high
hazard locations may be used to
identify safety problems in the
highway system, including:
o Pavement skid testing
o Evidence of frequent evasive
actions or unreported
crashes (e.g., skid marks,
marks on longitudinal
barriers, scars on roadside
trees or poles, etc.
o Capacity deficiencies
o Number of access points
o Traffic conflicts analysis
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Run-off-the-road
Fixed object
Head-on
Parked vehicle
Animal
Other
In many cases, the only source of information on intended maneuvers and non-contact
vehicles is in the narrative or diagram portion of a police crash report form. Unless a copy of
the original report form can be accessed during the preparation of the collision diagram, this
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information may be lost, and the pattern shown on the collision diagram may provide
misleading information.
Additional summaries of crash characteristics may also be useful in identifying site deficiencies
and selecting appropriate countermeasures. These include:
Crash severity
Contributing circumstances
Environmental conditions
Time period
Select Countermeasures
After one or more patterns of crashes have
been identified at a study location, the next
step is the generation of a list of potential
countermeasures.
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The practices and previous experiences of the agency
Following is a list of crash patterns, their probable causes, and possible countermeasures:
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Right-angle crashes at signalized intersection:
20
Rear-end crashes at signalized intersection:
21
Run-off-the-road crashes on a section of two-lane, rural highway:
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Motor vehicle struck by train at a highway-railroad grade crossing:
Economic Appraisal
The next step in the Road Safety
Management Process involves consideration
of the cost-effectiveness of alternative
improvements, comparing relevant costs of
implementation with benefits in terms of a
reduction in crash frequency and/or severity.
Another issue that is not always clearly addressed when developing and using crash reduction
factors is: “What would have happened to crash frequency or severity if no improvement had
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been made?” Locations identified as high-
hazard usually have crash rates that may be
two or three times the average crash rate for
similar locations. Some of this high crash
record may be due, in part, to chance. For
example, an intersection having four crashes
three years ago, three crashes two years ago,
and 11 crashes last year may tend to have
fewer than 11 crashes next year, regardless of
whether there was a countermeasure applied.
This tendency is called regression-to-the-mean as
previously discussed. The use of two or three
years of “before” data in identifying and
analyzing high-hazard locations can assist in avoiding problems with regression to the mean.
However, it remains unknown to what extent some of the compiled crash reduction factors
in published tables may be inflated by this effect.
F
P
(1 i)n
(1 i)n 1
P A
i(1 i)n
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Where P = Present worth of future costs or benefits
Alternative safety improvement projects that have a benefit/cost ratio (lifetime benefits
divided by lifetime costs) greater than 1.0 or a positive net present worth (lifetime benefits
minus lifetime costs) may be considered economically worth implementing. In performing
such economic analyses, it should always be remembered that some projects may involve
significant costs that cannot be readily measured in dollar value, such as environmental and
social impacts. Such impacts must be carried through the evaluation process and explicitly
considered in deciding which projects to go forward with.
Prioritize Projects
The next question that must be addressed is
which projects should be implemented in
order to use limited safety resources as
efficiently as possible, and in what order of
priority? A simple ranking of alternative
projects according to any of the following
may sometimes be appropriate:
Net present worth
Project costs
Monetary value of project benefits
Total number of crashes avoided
Incremental benefit/cost analysis is more sophisticated, and generally will result in more
efficient allocation of resources.
Once safety improvement projects have been selected for implementation, the projects should
move forward as quickly as feasible. Any delay in implementation will potentially cost
additional crashes. Locations that are not chosen for implementation of safety improvement
projects, or where the implementation of the desired improvement projects must be delayed,
should be examined to determine if interim
improvements are appropriate to improve
safety pending the implementation of the
desired improvement.
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have been put into place. The evaluation results, whether positive, negative, or neutral, should
be documented to improve the knowledge base to improve future decisions.
Such evaluations are typically “before-and-after” evaluations. In order to conduct such a study,
it is essential that the study be designed prior to implementing the improvement so that
adequate “before” data can be collected.
As currently conducted by many practitioners, before and after studies often suffer from two
serious flaws and provide incorrect or misleading results. These flaws are:
Failure to control for the effects of changing conditions during the lengthy time
periods required to amass before and after crash statistics. For example, changes in
vehicle design, driver education or enforcement campaigns, etc. may result in changes
in crash frequency even if no improvements were made in the roadway.
Failure to correct for regression-to-the-mean. Regression to the mean occurs when
locations with high crash frequencies during one time period experience more normal
frequencies during the next time period even if no causative factor changes.
The best way control for changing conditions is to use randomly selected control sites where
crash data are collected, but no changes are made. The Empirical Bayes method can be used
to control for regression-to-the-mean bias. Instead of a set of control sites, the SPF developed
for the treatment site(s) is used to predict crash frequency at the treatment site(s) in the after
period had the treatment not been applied.
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a check of compliance with standards.
a redesign of a project.
a part of the crash investigation process.
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nighttime visit should be part of the field inspection process. The team should use
checklists or prompt lists to make sure all safety issues are addressed. However, these
lists should only be used to help identify issues. The primary value of the audit is the
collected expert evaluations of the personal on the audit team.
Write the audit report. The report should be a short, concise summary of the findings of
the audit team. It needn’t be any longer than 2 to 3 pages, except for large-scale
projects. The report should contain the following: purpose of the audit, names of the
audit team, resources used by the audit team, and identification of safety issues. Safety
issues may be listed as findings or recommendations, depending on the desires of the
designer/client. It is becoming common practice in the U.S. to hold a meeting with
the designer/client prior to writing the report. The purpose of this meeting is not to
discuss what is in the report, but to establish an atmosphere of cooperation and to
assure that the audit is addressing pertinent issues.
Hold a completion meeting. The audit
team presents its report at a formal
meeting to the designer/client. This
should be viewed as an opportunity
to disagree with the findings of the
audit.
Write a response to the audit. It is the
responsibility of the designer/client
to write a formal response to the
audit report. This response should
address each and every audit
finding/recommendation and
should identify which
recommendations are fully accepted, which are partially accepted, and which are
rejected. Reasons for rejection should be given. Solutions or changes that will be
implemented should also be listed.
Implement of solutions. The designer/client is responsible for implementing the changes
agreed upon in their report responding to the audit findings.
Close the loop. The designer/client should use the results of the audit process to guide
future projects. The experiences of the audit and the safety findings should be shared
with others in the organization to improve future designs.
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prevention and severity reduction
Reduction of life-cycle costs of road improvements
Reduced need to modify newly constructed projects
Better understanding and documentation of road safety engineering
Eventual safety improvements to design standards and procedures
More explicit consideration of the safety needs of vulnerable road user
Encouragement of a “culture” of road safety
Pedestrian Safety
In a recent year, there were an estimated
4,749 pedestrian fatalities representing
approximately 12% of all motor-vehicle fatal
crashes. Crash involvement rates (crashes
per 100,000 population) are highest for the
five- to fifteen-year-old age group. Fatality
rates (fatalities per 100,000 population) are
highest for the age group 70 and above.
Forty-six percent of the crashes resulting in
pedestrian fatalities involved either a driver
or a pedestrian with a BAC of 0.08 or greater.
Thirty-four percent of pedestrians killed had a BAC of 0.08 or greater. Approximately one-
half of all pedestrian fatalities occurred during hours of darkness.
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the specific countermeasure should be based
on an analysis of the type of pedestrian
crashes and observed pedestrian and vehicle
behavior.
Sidewalks and walkways provide an area
for pedestrians to walk separated
from vehicle flows. Sidewalks and
walkways should be clear of
obstructions.
ADA measures insure that provisions
are made for persons with
disabilities.
Marked crosswalks serve as a warning
for motorists and indicate appropriate crossing locations to pedestrians.
Roadway lighting can be used to illuminate a length of roadway or at specific crosswalk
locations
Pedestrian underpasses/overpasses can be employed at locations with high pedestrian and
vehicle volumes.
Transit stops should be located with consideration of pedestrian behavior and the
placement of crosswalks.
Roadway design treatments that can be used to enhance pedestrian safety. These include:
modification of right-turn radii, provision of medians for pedestrian refuge, and the
use of islands.
Traffic calming devices include bulbouts or chokers to narrow intersection widths, speed
humps, chicanes, and whole street narrowing.
Traffic signal modifications include timing plans that provide adequate phasing to
accommodate pedestrian movements and the use of supplemental treatements, such
as countdown pedestrian signals, to improve safety.
Intersection Safety
Intersection crashes account for more than
45 percent of all reported crashes in the U.S.,
and 21 percent of fatalities. In a recent year,
9,213 Americans lost their lives as a result of
intersection-related crashes, a rate of more
than one every hour.
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Access management – close or relocate driveways or implement turn restrictions.
Geometric design improvements – provide left or right turn lanes, offset left turn lanes,
restrict or eliminate turns by channelization, realign intersection legs, convert
intersections to roundabouts, or improve pedestrian and bicycle facilities.
Improve intersection sight distance – provide clear sight triangles at corners and at medians,
eliminate parking.
Use additional traffic control devices – provide larger signs, use advanced warning signs, use
supplemental STOP signs, provide additional pavement markings (such as turn path
markings), install flashing beacons.
Roadside Safety
Approximately thirty percent of all highway
fatalities are the result of single-vehicle run-
off-the road crashes. For two-lane rural
roads, about one-half of all fatalities are run-
off-the-road crashes. The three types of
fixed objects or roadside features most
frequently involved in fatal crashes are: trees
or shrubbery, culverts/ditches/curbs, and
utility poles. The forgiving roadside concept
allows for errant vehicles leaving the roadway
for whatever reason, and supports a roadside
designed such that the serious consequences
of the roadway departures are minimized.
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Shield the obstacle with a
longitudinal traffic barrier designed
for redirection or use a crash
cushion.
Delineate the obstacle if the above
alternatives are not appropriate.
Foreslopes of 1V:4H or flatter are considered recoverable. Foreslopes steeper than 1V:3H are
considered critical where a vehicle is likely to turn over.
For low-speed rural collector and local roads, a minimum clear zone width of 10 feet (3.0m)
should be provided.
LEGAL LIABILITY
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more parties. Negligence consists of a failure to do what an ordinary, reasonably prudent
person would do under similar circumstances; a failure to use reasonable care in dealing with
others. The courts do not expect transportation officials to be perfect nor to make the best
possible decisions. It is simply asked that the decisions made and actions taken be reasonable
under the circumstances. In most cases, when a transportation agency is found negligent and
the plaintiff receives a large award, it is because someone in that agency has simply failed to
exercise ordinary, reasonable care.
When negligence is claimed, there are usually six principle issues which must be resolved in
court:
Did damages occur? That damages have
occurred to an individual is often
obvious. Damaged property and
medical expenses are clearly
established. However, many other
types of damages, and their value, are
not necessarily as obvious. Loss of
future earnings, future medical care,
pain and suffering, etc. may also be
losses whose value is decided by the
court based on evidence presented in
trial.
Did a potentially dangerous defect exist? The road is not guaranteed to be absolutely safe.
However, drivers should be able to expect that a highway is safe for usual and ordinary
traffic and road users who are exercising reasonable and prudent care, both in the
daytime and at night. Drivers are not required to anticipate extraordinary dangers,
impediments, or obstructions which they have not been warned of. Public highways
must be designed and maintained in a way that is reasonably safe for travel.
Was the defect a “proximate” cause of the damages? The fact that a defective condition existed
does not necessarily mean that the transportation agency was negligent. The defect
must be found to be a proximate cause of the plaintiff’s damages. Proximate cause is
defined as that which, in a natural, probable and continuous sequence, unbroken by
an intervening cause, results in the damages. The same result would not have occurred
without the proximate cause. There may be several proximate causes for any crash.
The “but for” test is used to determine proximate causes. If it can be said that but for
the presence of the condition or action the injuries would not have occurred, then the
condition or action is a proximate cause.
Did the agency have knowledge of the defect? Negligence is predicated upon knowledge. A
reasonable person could not have corrected the defect unless its existence was known.
Once a transportation agency has received notice of a defect, a duty may arise to repair
the defect or at least to warn drivers until it can be repaired. The notice of a defect can
take place in two ways. First, it can be “actual” notice, such as a complaint call or
observation by agency personnel. Second, it can be “constructive” notice. That is, a
defect could exist long enough that a reasonable person should have found it.
Was the transportation agency acting in a “discretionary” or “ministerial” role? Discretion means
the power and duty to make a choice among alternatives, requiring independent
judgment of available resources, impacts, and priorities. Planning, design, policy, and
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legislative actions are typically considered discretionary. In the absence of obvious
defects, some courts may provide rather broad protection for discretionary decisions.
The concept is that judges and juries should not substitute their judgment for those of
professionals in technical matters. Ministerial actions generally involve clearly defined
tasks performed with minimal leeway for personal judgment. These are typically
implementation actions such as maintenance or construction at the operational level.
Exposure to liability is often far greater for ministerial functions than it is for
discretionary functions.
Did the plaintiff contribute to the crash through negligent behavior? Contributory negligence is
considered conduct which falls below the standard of care which individuals must
exercise for their own safety and which contributed to the injuries. This may include
behavior such as high speed, inattentiveness, use of alcohol or drugs, or failure to use
seat belts. In most states, the relative negligence of all parties is compared, and any
award to the plaintiff is reduced proportional to the plaintiff's relative contribution to
the crash. The concept of “joint and several liability” means that all defendants have a
joint responsibility to the plaintiff. If one defendant cannot afford to pay their share
of the award to the plaintiff, then the other defendants must increase their payments
to fully compensate the plaintiff.
Although transportation agencies may not be able to totally avoid lawsuits, the risk of such
legal actions can be managed. The heart of any risk management process should be an effective,
aggressive program of identifying hazardous highway locations and features, and treating those
locations with appropriate safety countermeasures.
SUMMARY
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REFERENCES
2. http://www-nrd.nhtsa.dot.gov/Pubs/811659.pdf
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