Roadway Related Tort Liability and Risk Management
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Highway law |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Highway law |
ISBN | : |
Author | : Kenneth R. Agent |
Publisher | : |
Total Pages | : 170 |
Release | : 2010 |
Genre | : Highway law |
ISBN | : |
Author | : Russell M. Lewis |
Publisher | : Transportation Research Board |
Total Pages | : 52 |
Release | : 1994 |
Genre | : Law |
ISBN | : 9780309056656 |
This synthesis will be of interest to highway agency administrative and executive officers, risk managers, legal officials, as well as to highway design, traffic, and safety engineers, enforcement agency personnel, claims managers, and others concerned with managing tort liability programs in state transportation agencies. It describes the state of the practice with respect to the manner in which these agencies manage highway tort liability programs. Management of claims associated with highways, streets, and pedestrian facilities is the focus of this synthesis, which describes program elements, costs, staffing, risk avoidance, and management requirements. This report of the Transportation Research Board describes the design and implementation of procedures and techniques to manage tort liability programs. Much of the material in this synthesis is also applicable to managing risks associated with modes other than highways within the state transportation agency. There is also applicability to local highway agencies, toll authorities, and public transit agencies.
Author | : |
Publisher | : |
Total Pages | : 73 |
Release | : 1996 |
Genre | : Liability for traffic accidents |
ISBN | : |
Author | : Charles A. Joplin |
Publisher | : |
Total Pages | : |
Release | : 1997 |
Genre | : Roads |
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Author | : Donald Culkin |
Publisher | : |
Total Pages | : 85 |
Release | : 1988 |
Genre | : Government liability |
ISBN | : |
The Virginia Department of Transportation (VDOT) faces a growing tort liability problem. Under the Virginia Tort Claims Act, VOOT is liable for up to $75,000 for negligent or wrongful acts or omissions committed by its employees within the scope of their employment. VOOT must also pay judgments rendered against its employees as individuals for acts of negligence committed within the scope of their employment. In many cases, sovereign immunity will protect VOOT employees from tort claims. However, courts are increasingly willing to find state employees liable for negligent acts or omissions. To control future liability exposure, VDOT must develop a program to reduce the risk of tort liability. A comprehensive risk management system would attack the problem at three points. First, by making the roadways safer, the number of claims would be held to a minimum. Second, by improving VDOT's ability to defend tort claims, the number of claims paid and amounts awarded would be held to aminimum. Finally, by quickly settling claims that VDOT will inevitably lose and by setting aside money to pay such claims, a risk management program would assure that VDOT is prepared for unavoidable tort liability. This report documents the findings of the initial phase of VDOT's effort to develop a comprehensive risk management system. The purpose of this phase was to assess VDOT's exposure to tort liability and to describe existing efforts forcontrolling risk. In subsequent phases, the findings discussed herein will be used to design and implement improvements in VDOT's existing risk management efforts. VDOT's risk-causing activities include the design, construction, and maintenance of roadways. Claims alleging negligent maintenance are the most frequently filed, but only 13 percent of these claims are paid. The low success rate of these claimants indicates that VDOT is effectively responding to roadway defects even though there are currently no formalized procedures for ensuring an effective response. VDOT obtains information about roadway defects from many sources. However, there are no uniform policies for collecting such information or for agency-wide distribution of the important information produced by these various sources. VDOT attempts to transfer some risks to contractors and consultants through indemnity and insurance agreements. Risks that cannot be prevented or transferred are assumed through self-insurance.
Author | : Frederick M. Howard |
Publisher | : |
Total Pages | : 90 |
Release | : 1992* |
Genre | : Liability for traffic accidents |
ISBN | : |
Author | : Russell M. Lewis |
Publisher | : Transportation Research Board National Research |
Total Pages | : 52 |
Release | : 1983 |
Genre | : Law |
ISBN | : |
Pre- and post-accident actions; trial preparation; loss mitigation program.
Author | : G. L. Gittings |
Publisher | : Transportation Research Board |
Total Pages | : 76 |
Release | : 1998 |
Genre | : Highway engineering |
ISBN | : 9780309068185 |
This synthesis will be of interest to state Department of Transportation (DOT) engineers, legal counsel, researchers, and administrators; transportation product development engineers, equipment manufacturers, and engineering and product manufacturer associations; state, regional, and federal product testing and evaluation centers; and attorneys of law interested in tort liability as it applies to highway innovations. The synthesis describes the current state of the practice for managing product liability to achieve highway innovations. Information for the synthesis was collected by surveying and interviewing state transportation agencies and private transportation related organizations and by conducting a literature search. This report of the Transportation Research Board identifies and discusses specific tort and product liability problems and principles, the specific tort liability experience of public agencies in state DOTs, and the tort liability experience of private organizations involved in introducing new products to the highway market. In addition, details on the litigation risks of highway innovation, the perceptions and perspectives of public agency and private sector personnel, and the state-of-the-art methods to confront litigation risks are presented. Finally, methodological comparisons and a general tort and product liability overview are included in the appendices.
Author | : Roger S. Owers |
Publisher | : |
Total Pages | : 94 |
Release | : 2000 |
Genre | : Government liability |
ISBN | : |