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June, 1998 Articles
June 1, 1998
Summary Judgment Reversed After Alabama Court Review in Construction
Site Drop-Off Case
June 1, 1998
June 1, 1998
June 1, 1998
A tanker truck driver received injuries when the truck he was driving overturned
because its front wheel dropped off the pavement onto a low shoulder in a
construction area. The driver and his employer sued the highway construction
company, claiming a failure to place "low shoulder" warning signs along the
construction site. The trial court granted the company's motion for summary
judgment. The appeals court reversed, ruling an issue of material fact existed as
to whether the construction company failed to adequately warn.
Judgment Affirmed Against Louisiana DOT and Contractor in Work Zone
Drop-Off Fatality
A Louisiana motorist died of injuries received in a crash where a pavement
refinishing project ended in an unmarked drop-off across the travel lane.
Although construction zone signs were posted, there was no edge striping and
the center stripes were partially obscured. When the motorist's widow sued the
state and the highway construction company, the trial court awarded damages of
more than $1,100,000. The state appealed the assignment of fault and the
amount of damages. The appeals court affirmed.
Audible Warning Systems Alert Drivers to Potential Dangers When Backing
Up
The conservatively estimated annual frequency of collisions that result from
backing maneuvers is 500,000--including 50,000 injuries annually and 185
fatalities. One countermeasure is a backup warning system that would alert
drivers to objects behind the vehicle. A recent study defined the recommended
characteristics of and developed guidelines for backup warning devices. Neil D.
Lerner, et al. reported the study's results in "Driver Backing-Behavior Research:
Implications for Backup Warning Devices." Based on time to collision (TTC),
their research showed that a primarily acoustic, two-stage warning system
seemed feasible.
Survey Evaluates the Impact of Meeting New FHWA Guidelines for Sign
Retroreflectivity
As traffic signs age, they can lose their color and their ability to reflect light,
which can make them difficult to see and read. The Federal Highway
Administration (FHWA) "initiated and conducted a comprehensive research and
demonstration program to address the various retroreflectivity performance
issues." One study sought "to assess the national impact of implementing the
FHWA proposed guidelines for minimum levels of retroreflectivity of traffic signs,
on State and local highway agencies." Sunil Taori and Hugh W. McGee
reported the study's results in "Impacts of Maintaining Traffic Signs Within
Minimum Retroreflectivity Guidelines." The study estimated that replacement
costs nationwide would be about $144 million for local agencies and $32 million
for state agencies.
negligence, appeals, highway, traffic, expert.
Edge drop, accident, collision, crash, edgedropoff, road construction, signs, signals, traffic control devices.
Accident Investigation, Expert Witness, Injury Litigation, Liability, Court, Roy Anderson, Transportation, National, Travel, law, legal, federal highways, road construction.