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Traffic Engineer’s Meeting

Tort Liability

Kenneth R. Agent, P.E.Transportation Research Engineer

Kentucky Transportation Center


• Case Studies• Tort Liability Definitions• Summary of Board of Claims

Cases


Claim

• Negligently maintained pedestrian call button

• Failed to provide pedestrian sufficient time to cross road with traffic signal

• Failed to provide adequate lighting at intersection


Recommended OrderConclusions of Law

• Cabinet exercised engineering judgment in designing phasing at traffic signal (discretionary function)

• No MUTCD requirement that Cabinet provide time for pedestrians to cross road (even with no use of pedestrian call button)

• Pedestrian crossed road against pedestrian signal


Conclusions of Law (cont.)

• Cabinet had ministerial duty to repair pedestrian button but was not cause of accident since pedestrian did not allow sufficient time for a pedestrian phase to be activated prior to crossing

• If Cabinet responsible for intersection lighting, decision is discretionary

• Recommends finding in favor of Cabinet


Negligence

• Failure to use the same standard of care that a reasonably prudent person would


Standard of Care

• Agency directives and policies• Directives of superior agency• Guidelines and policies of similar agencies• Guides developed by national and

professional organizations• Textbooks and professional journals• Research results• Expert witnesses


Comparative Negligence(Depending upon the law)

• A Plaintiff who contributed to the plaintiff’s own injury can still collect weighted damages


Notice (Actual)

• Public entity is given specific notice of a defect in the highway system


Notice (Constructive)

• After a reasonable amount of time, the public entity should be aware of a highway defect


Constructive Notice

• Reasonable time between occurrence of defect and when agency becomes aware of defect.

• Routine inspection.• Reasonable amount of time?


Discretionary/Ministerial Acts

• Discretionary acts require choice among valid alternatives using judgment

• Ministerial acts involve clearly defined tasks not permitting exercise of discretion


Sovereign Immunity

• Began in England where King would not allow suit against himself

• No one can sue the government without its permission

• Government not responsible for acts of its employees


Elements Necessary For Negligence

• Duty• Breach of Duty• Causal connection between

negligent conduct and resulting injury

• Actual damages


Proximate Cause

• Cause that leads to the result• Probable consequences of the

Negligent Act• Duty and violation of duty• Element of foreseeability• More than one proximate cause


Summary1981-2009

Number of claims 15,460

Total amount claimed $123,068,082Percent decided 99Percent with payment 49Total payment $16,617,604Percent paid (decided)

15


Number of Claims 1981-2009

0

200

400

600

800

1,000

Year

Num

ber o

f Cla

ims


Total Amount Claimed 1981-2009

0.01.02.03.04.05.06.07.0

Year

Amou

nt in

Mill

ion


$0$200$400$600$800

$1,000$1,200$1,400

Amou

nt in

Tho

usan

d

Year

Total Payment* 1981-2009

*decided claims filed in given year


48.3

42.2

28.4

21.2

11.1

0.0 20.0 40.0 60.0

Under 500

500-999

1,000-9,999

10,000-49,999

50,000 or more

Percent

Cla

im P

aid

Percent of Claimed Amount Paid


Reasons for Highest Number of Claims

1,238

1,051

870

599

543

539

512

5,645

0 1,000 2,000 3,000 4,000 5,000 6,000

Pothole demaged vehicle

Object in road

Accident involving KyTC cehicle

Object thrown from mower

Uncovered load

Paint striping

Falling rock/rock slide

Inadequate/improper signs/mrkgs


$21.40

$16.10

$12.90

$7.90

$7.40

$6.90

$6.70

$6.40

0 5 10 15 20 25

Inadequate/improper signs/mkgs

Improper drainage

Lack of guardrail

Accident due to pavement

Accident involving KyTC vehicle

Inadequate traffic control device-Work Zone

Shoulder dropoff

Traffic signal malfunction-inadequate

Amount in Millions

Reasons for Highest Amounts of Claims


Amount Claimed$50,000 and above

$millions

6.0

6.5

6.6

7.4

12.6

14.9

20.8

5.4

0.0 5.0 10.0 15.0 20.0 25.0

Substandard guardrail

Traffic signal malfunction – inadequate

Shoulder dropoff

Inadequate traffic control device, work zone


Lack of guardrail

Improper drainage caused accident

Inadequate/improper signs/markings


Claim Amount Paid of $50,000 or More

$481,112

$576,537

$692,510

$729,526

$1,093,804

$1,206,863

$1,990,635

$2,500,057

Traffic signal malfunction – inadequate


Inadequate traffic control device, work zone

Substandard guardrail

Lack of guardrail

Shoulder dropoff

Inadequate/improper signs/markings

Improper drainage caused accident


Districts with Most Claims by Reason

$50,000 and Above

Reason District

Traffic Control Devices 7

Drainage 12

Barrier 2

Road Surface Related 12

Shoulder Related 7

Construction Zone-Traffic Control 6

Geometric Feature 1

State Vehicle Operation 2

Maintenance Activity 12

Construction Activity 5

Fixed Object 11


Kenneth R. Agent, P.E.

Transportation Research EngineerKentucky Transportation Center

University of Kentucky176 Raymond Building Lexington, KY 40506

(859) [email protected]

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