| (360) 683-6276 | Fax: (360) 683-6719 |
July, 1998 Articles
July 1, 1998
Louisiana Court Reduces Damages in Drop-Off Case
July 1, 1998
July 1, 1998
July 1, 1998
A motorist driving in a highway construction zone at night left the paved roadway
surface and went over a drop-off. As she tried to re-enter the highway, her
vehicle blew a tire and overturned. She sued the Louisiana Department of
Transportation and Development (DOTD) for creating a drop-off hazard and
failing to warn drivers. The trial court assigned the DOTD 15 percent fault and
awarded damages to the injured driver. The DOTD and the plaintiff appealed
the apportionment of fault, and the DOT contested the damage awards, based
on the plaintiff's failure to mitigate her damages. The appeals court assigned 70
percent fault to the DOTD and reduced the damage award.
Court Upholds Louisiana Motorist's Liability in Work Zone Edge Drop-Off Crash
Driving through a construction zone, a motorist entered the Interstate median
while passing a truck. When he tried to return to the highway, he lost control of
his vehicle, crossed to the right shoulder, and overturned. He sued, claiming a
drop-off between the median and the left lane caused him to lose control of his
vehicle. Moreover, because of the lack of temporary edge striping, he said he
could not tell where the left lane ended. The 22nd Judicial District Court, Parish
of St. Tammany found the driver's actions caused the crash and his injuries.
The Court of Appeal of Louisiana, First Circuit, affirmed the judgment.
South Carolina Court Affirms Jury's Assignment of Fault to DOT in Drop-Off
Crash Injury
A motorist suffered injuries when her car went out of control after encountering a
drop-off where she left the paved roadway in a construction zone. The motorist
sued the highway construction contractor and the South Carolina Department of
Transportation (DOT). The jury found the DOT solely at fault. The DOT
appealed, citing trial court errors. The appeals court agreed with the trial court,
ruling that the construction company's contract was ambiguous and the
contractor's indemnity bond did not exempt the DOT from liability.
Research Shows Need for Countermeasures to Reduce Pedestrian Fatalities on
Interstate Highways
More than 10 percent of pedestrian fatalities occur on Interstate highways,
although the Interstate system is only 1 percent of the total road mileage.
Christopher D. Johnson reported the results of a study of these statistics in
"Pedestrian Fatalities on Interstate Highways: Characteristics and
Countermeasures," which appeared in the Transportation Research Board's
Transportation Research Record No. 1578. This article summarizes that
report and describes data on pedestrian fatalities from 1991 to 1993 in three
states with a large number of Interstate pedestrian fatalities. The report
identified factors that contribute to pedestrian fatalities on freeways and
activities likely to result in a pedestrian being on the freeway.
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.