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Title:Safety Analysis Without the Legal Paralysis: The Road Safety Audit Program
Authors:Roger S. Owers and Eugene M. Wilson
Publication Date:Jan 2001
Report #:MPC-02-129
Project #:MPC-200
TRID #:00921847
Keywords:highway safety, highways, injuries, laws, liability, roads, rural areas, safety audits, sovereign immunity
Type:Research Report – MPC Publications

 

Abstract

This report presents results of an investigation into the practice and legal issues of Road Safety Audits and Road Safety Audit Reviews (RSAs and RSARs). These safety analysis approaches focus on identifying safety issues of proposed projects (RSA) and existing roadways (RSAR). In the United States, these approaches are just beginning to be considered. The study results show that the Road Safety Audit Program adds value to a transportation entity, and those legal doctrines such as sovereign immunity and the rules of discovery and evidence can operate to protect the transportation entity from liability. Furthermore, the public interest of improving road safety outweighs the plaintiff's interests in a potential lawsuit.

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