Benefits
Sign Compliance May Reduce Potential Liability Exposure
Conformance with MUTCD standards provides a better position to defend against litigation.(22)
The cost of each traffic fatality is currently more than $1.1 million and each disabling injury exceeds $50,000 (per individual, not per crash).(36) In increasing numbers, citizens are suing public agencies over road deficiencies that can include traffic signs and markings or failure to comply with the MUTCD.(37)- Claims have grown at a rate of 16% per year since 1972(38)
- State and local agencies are experiencing dramatic increases in tort litigation involving claims of personal injury and property damage(39)
The FHWA notice of proposed amendments states "Public agencies and officials that implement and follow a reasonable method in conformance with the national MUTCD would appear to be in a better position to successfully defend against tort litigation involving improper sign retroreflectivity than jurisdictions that lack any method."(22)
22 FHWA, DOT, Supplemental notice of proposed amendments (SNPA); request for comments, Federal Register: May 8, 2006 (Volume 71, number 88)
36 Estimating the costs of unintentional injuries, 2005, National Safety Council at http://www.nsc.org/lrs/statinfo/estcost.htm
37 http://personalweb.smcvt.edu/vermontlocalroads/FactSheet%20files/reducing_the_risks_of_tort_liabi.htm
38 Turner, D.S. et al, Effects of tort liability on roadway design decisions, TRB Issue 1512
39 Smith, J.L, et al, Transportation tort law, TRB, TR News, issue 205
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