Citation

Carstens RL. Transp. Res. Rec. 1981; 833: 18-24.

Copyright

(Copyright © 1981, Transportation Research Board, National Research Council, National Academy of Sciences USA, Publisher SAGE Publishing)

DOI

unavailable

PMID

unavailable

Abstract

Tort claims that result from alleged highway defects have introduced an additional element in the planning, design, construction, and maintenance of highways. A survey of county governments in Iowa was undertaken in order to quantify the magnitude and determine the nature of this problem. This survey included the use of mailed questionnaires and personal interviews with county engineers. Highway-related claims filed against counties in Iowa amounted to about $52 million during the period 1973 through 1978. More than $30 million in claims were pending at the end of 1978. Settlements of judgments were made at a cost of 12.2 percent of the amount claimed for those claims that had been disposed of, not including costs for handling claims, attorney fees, or court costs. Problems that resulted in claims for damages from counties have generally related to alleged omissions in the use of traffic control devices or defects (often temporary) that result from alleged inadequacies in highway maintenance. The absence of stop signs or warning signs often has been the central issue in highway-related tort claims. Most frequently alleged maintenance problems have included inadequate shoulders, surface roughness, ice or snow conditions, and loose gravel. Eight recommendations resulted from this research. These are directed toward reducing the potential exposure of counties to tort liability.