Addressing Liability Issues of Proactive Safety Improvements (2026)
Chapter: CONTENTS
CONTENTS
B. Legal Issues Relating to the Collection of Data
II. Summary of Research and Resources
D. Incremental Improvements by the State Agency
F. Technical Publication Reviews
G. 23 U.S.C. § 407 Protections
H. Documentation of the Engineering Judgment Process
I. Guidance Existing at the Time of Construction
III. Summary of Legal Concepts in the Digest
C. Federal and State Laws Control the Use of Transportation Funds
E. Integration of Safe Systems Approach in Federal Law
F. Definition of Terms in Internal Guidance
A. Standard of Care or “Duty” of State Transportation Department
B. Driver Conduct and Duty of Care
V. Data Interpretation in Legal Cases
A. History of Multiple Accidents Does Not Necessarily Constitute Notice of a Dangerous Condition
B. Notice Requires “Statistically Aberrant” Rate of Accidents
C. Delay as a Basis for Liability
D. Incorporation of Industry Guidance and Liability Neutral Language in Litigation Defense
E. Use of Specific Directive Language Creates a Mandatory Duty on the Agency and Its Employees
G. Use of Engineering Judgment
H. Engineering and Prioritization Processes
I. Statutory Obligation to Prioritize Based on Funding and Engineering Judgment
J. Liability for Failure to Improve
K. Difference Between Duty to Improve and Duty to Maintain
L. Budget Restrictions Can Be Proof That the Agency Reasonably Addressed a Safety Need
O. 23 U.S.C. § 407 Protection of Data Under Federal Law
Q. Application for Highway Safety Funds
R. Writ of Mandamus Requested to Protect Data
S. Privilege as Both “a Shield and a Sword”
A. Summary of the Allegations and Evidence
VII. Existing Laws, Administrative Rules, and Immunities
B. Engineering Judgment Application Incorporated in the Law
C. Engineering Judgment and Case-by-Case Flexibility
D. Immunity for Compliance with Industry Guidance
F. Executive Deliberative Process
VIII. Select Agency Practices and Proposed Guidance Language
A. Accident Data as Basis for Roadway Improvements
B. Prioritization of Projects Based on Study of Data
C. Language Found in Green Book, Roadside Design Guide, and Highway Safety Manual
IX. Survey and Discussion of Results
B. Use, Protocols, and Efficacy of Liability Neutral Language
C. Shielding Cumulative Collision Data from Public Disclosure and/or Its Use in Litigation
D. Legal Defenses Used in Cases Involving Proactive Safety Improvement Efforts
