Liability in Traffic and Highway Operations

by Sheldon I. Pivnik, System Engr.; Metro-Dade County Dept. of Traffic and Transportation, Miami, Fla.,

Serial Information: Transportation Engineering Journal of ASCE, 1979, Vol. 105, Issue 4, Pg. 373-382

Document Type: Journal Paper


An introduction to the current legal attention that the judicial profession is giving streets and highways today. Included is an introduction to the negligence suit and tort liability. Governmental suits are a two-tier operation. First one must overcome any of the immunities that may exist just to get to court. Once there it must be proved that the governmental body owed a duty to the injured, that that duty was breached, and that the injured suffered a loss or injury as a result of that breach. As an introduction to the immunities the history of it is presented from ancient English law to its present place in American law. Exceptions to the immunities are presented. The dual (legal definition) nature of governmental bodies are presented, i.e., the governmental-proprietary function. Design immunity and operational review after installation is considered. Current legal cases are used to accent key points.

Subject Headings: Government | Liability | Traffic management | Highways and roads | Streets | Accidents | History | Terminology and definition

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