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Federal Highway Administration Research and Technology
Coordinating, Developing, and Delivering Highway Transportation Innovations

Report
This report is an archived publication and may contain dated technical, contact, and link information
Publication Number: FHWA-HRT-05-128
 Date: July 2006

Lesson 22: Tort Liability and Risk Management

The photograph shows a spalled and crumbling sidewalk along a residential street. Ramps down to the street look treacherous and unsafe.

Lesson Outline

  • Trends in tort liability.
  • Basic definitions.
  • Common problems/issues.
  • Risk management strategies.

Trends in Tort Liability

  • State DOTs:
    – 80 lawsuits per year.
    – 7% settled against.
    – $60,000 average settlement.
    – Defense costs $68,000 per case.
  • City/County Agencies
    – 3 lawsuits per year.
    – 50% settled against.
    – $230,000 average settlement.
    – Defense costs $72,000 per case.

Basic Definitions

  • Tort.
  • Negligence.
  • Ordinary care.
  • Immunity:
    – Sovereign.
    – Limited.

The photograph shows busy roadway with several large trucks towing recreational campers. There is a sidewalk on both sides of the road when crossing a bridge, but the sidewalks have not been given adequate clearance from the travel lanes. A warning sign at the beginning of the bridge shows a symbol of a vehicle mirror striking a pedestrian with the text - VEHICLE MIRROR HAZARD.

Common Problems in Tort Claims

  • Drainage grates.
  • Path discontinuity.
  • Inadequate curve radii.
  • Surface problems.
  • Lack of consideration for bicyclists and pedestrians.
  • Bridges and underpasses.
  • Poor sight distance.
  • Poor maintenance.

The photograph shows a sidewalk that ends at a bridge abutment, with no warning or routing signs for pedestrians. A person is standing at the end of the sidewalk, peeking around to bridge abutment to determine if there is oncoming traffic.

The picture shows a bicyclist entering a walled section of a shared use trail. Numerous trail underpass and bridges are present in the picture.

Risk Management

  • Use proactive strategy:
    –Document existing conditions.
    –Review conditions in context of ordinary care guidelines and standards.
    –Develop recommendations.
    –Set priorities for action.

Lesson Summary

  • Tort liability is an issue (as it is in all road design aspects).
  • The risk associated with providing pedestrian and bicycle facilities can be managed.
  • A plan of prudent design, operations, and maintenance will help to manage the risk.

 

FHWA-HRT-05-128

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