MPC
Research Projects (1999-00)

Identifying Number

MPC-183

Project Title

Defining a Road Safety Audits Program for Enhancing Safety and Reducing Tort Liability

University

University of Wyoming

Project Investigator

Eugene Wilson
University of Wyoming
(307)766-6743
wilsonem@uwyo.edu

External Project Contact

University of Wyoming Law and WYDOT Legal Services

Project Objective

Identify the areas of tort liability for local rural road jurisdictions, develop guidelines for tailoring a Road Safety Audits (RSA) Program to identify common areas of tort liability of local (MPC-Region) rural and road jurisdictions, develop an RSA Program to enhance road safety, develop a program approach for a defense to tort liability.

Project Abstract

The unique problems faced by local rural road jurisdictions, when coupled with the modern decline of the traditional defense of sovereign immunity expose these jurisdictions to tort liability settlements or judgments. Road jurisdictions, in addition to safely serving road users, also need to effectively manage their assets. To maximize the use of their dollars, they need to be able to minimize their tort liability. Road Safety Audits have been used globally since the late 1980s to improve road safety in countries worldwide and has been used by some US DOTs since 1997. The validity and practicality of this approach to help local rural road jurisdictions enhance road safety and minimize their tort liability is the focus of this project.

Task Descriptions

FY 1999-2000

The following tasks will be performed in the first year of the project:

• Task 1 – Integrate previous MPC research (in Tort Liability and Road Safety Audits) consistent with the expansion of the Road Safety Audits Program.
• Task 2 – Identify common liability areas for local rural road jurisdictions and explore use and status of the Road Safety Audits Program.
• Task 3 – Based on Tasks 1 and 2, determine questions for survey questionnaire.
• Task 4 – Develop focus group of transportation legal experts.
• Task 5 – Test Survey questions and revise as needed.
• Task 6 – Deliver interim MPC report focusing on the identification of the liability areas and the development of the survey.
• Task 7 – Structure specific action items for year 2 of project based on findings from Tasks 1-6.

Milestones, Dates

• Starting Date: July 1, 1999
• Determine Questions for Survey Questionnaire: December 1999
• Deliver an Interim MPC Report: May, 2000
• Send out Survey to Expert Focus Group: June, 2000
• Deliver Final MPC Report: April, 2001
• Deliver to MPC Brochures, Checklists, with guidelines May, 2001
• For minimizing Tort Liability:
• Ending Date: June 30, 2001

Yearly and Total Budget

Year 1 Federal $ 60,000 Matching: $ 77,400
Year 2 (estimated) Federal $ 50,000 Matching: $ 64,500
TOTAL Federal $110,000 Matching: $141,900

Student Involvement (e.g. Thesis, Assistantships, Paid Employment)

One Graduate Student

Relationship to Other Research Projects

• Tort Liability
  • MPC-91-7 "A Bibliography of Federal Railroad Labor Law"
  • MPC-94-36 "An Evaluation Guidebook for Rural and Small Urban Transportation Systems in the Mountain-Plains System"
  • MPC-97-69 "Legal Implications to Closing or Reducing Maintenance on Low Volume Roads in North Dakota"
• Road Safety Audits:
  • MPC-97-87 "Incremental Safety Improvements for Unpaved Rural Roads"
  • MPC-98-96A "Adapting Safety Audits for Small Cities"
  • MPC-98-96B "Adapting Road Safety Audits to Local Rural Roads"

Technology Transfer Activities

Road managers, engineers, superintendents, and legal counsel of local rural road jurisdictions in the MPC region.

Potential Benefits of the Project

Results of the research completed in this project will be of use by local rural road jurisdictions in the MPC region. Guidelines will be developed to assist these jurisdictions in determining and staying within the legal boundaries while managing local rural roads.

TRB Keywords

Safety, road safety audits, traffic operations, tort liability, sovereign immunity