Transcript mjhgkyuky - Institute of Transportation Engineers -

ITE LED TRAFFIC SIGNAL
WORKSHOP ON SNOW
AND ICE BUILDUP:
Crash, Risk, and Liability
Issues
Washington, D.C.
December 14/15, 2010
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Outline
• Presentation
• Open discussion
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Who is This Guy?
• Former police officer, mid-1980’s
• Engineering practice
– Design traffic signals, signs, pavement
markings, intersections
– Crash reconstruction and expert testimony
• Founded Forensic Traffic Specialists
• Author: Accident Reconstruction at Traffic
Signal Intersections
• Instructor
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Discussion Topics
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Traffic signals’ role in traffic control
Liability
Current legal trends
Current state of knowledge
Other concerns
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Traffic Signals’ Role in Traffic
Control
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The obvious: assigning right-of-way
Usual/regular drivers
Unfamiliar drivers
The not-so-obvious…
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Traffic Signals’ Role in Traffic
Control
• Signals play a large role in:
– Defining intersection in general
– Guiding drivers through intersection
– Guiding drivers into correct departure lane
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Liability
• Had a duty
• Failed to do that duty or did something
contrary to that duty
• Actions damaged another party
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Liability
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Knew of a problem
Should have know of a problem
What do the standards say
What is the ‘standard of care’
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Observations of Current Legal
Trends
• We are in a recession
• Lawsuits are abundant!
• Number of lawsuits in any particular topic
area will increase exponentially
• Casting the net over ALL possible parties
• Sovereign immunity…not a deterrent
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Traffic Signal Knowledge in the
Legal System
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Police
Attorneys
Judges
Jury
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Police
• Crash investigation
• Report by an on-scene officer goes a
really, really long way in legal system
• Officer’s word is golden
• Attorneys will rarely dispute officer in court
• Police do not receive any traffic signal
training whatsoever
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Attorneys and Judges
• Most likely have never handled a signal
case
• No training in traffic control devices
• Don’t know what they don’t know about
traffic signals
• Because they see signals every day they
think they know all about signals
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Jury
• Very willing to listen and learn about
technology so long as:
– Message is clear
– Examples, sketches, and photos are used
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Other Concerns
• LED railroad signs at signalized
intersections
• LED prohibitive turn signs
• LED pedestrian signals
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DISCUSSION
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Daren E. Marceau, PE, MS
Forensic Traffic Specialists, PLLC
113 Montauk Point Place
Cary, NC 27513
919-215-8994
[email protected]
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