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ITE LED TRAFFIC SIGNAL WORKSHOP ON SNOW AND ICE BUILDUP: Crash, Risk, and Liability Issues

ITE LED TRAFFIC SIGNAL WORKSHOP ON SNOW AND ICE BUILDUP: Crash, Risk, and Liability Issues. Washington, D.C. December 14/15, 2010. Outline. Presentation Open discussion. Who is This Guy?. Former police officer, mid-1980’s Engineering practice

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ITE LED TRAFFIC SIGNAL WORKSHOP ON SNOW AND ICE BUILDUP: Crash, Risk, and Liability Issues

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  1. ITE LED TRAFFIC SIGNAL WORKSHOP ON SNOW AND ICE BUILDUP:Crash, Risk, and Liability Issues Washington, D.C. December 14/15, 2010 www.trafficsignalexpert.com

  2. Outline • Presentation • Open discussion www.trafficsignalexpert.com

  3. 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 www.trafficsignalexpert.com

  4. Discussion Topics • Traffic signals’ role in traffic control • Liability • Current legal trends • Current state of knowledge • Other concerns www.trafficsignalexpert.com

  5. Traffic Signals’ Role in Traffic Control • The obvious: assigning right-of-way • Usual/regular drivers • Unfamiliar drivers • The not-so-obvious… www.trafficsignalexpert.com

  6. 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 www.trafficsignalexpert.com

  7. Liability • Had a duty • Failed to do that duty or did something contrary to that duty • Actions damaged another party www.trafficsignalexpert.com

  8. Liability • Knew of a problem • Should have know of a problem • What do the standards say • What is the ‘standard of care’ www.trafficsignalexpert.com

  9. 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 www.trafficsignalexpert.com

  10. Traffic Signal Knowledge in the Legal System • Police • Attorneys • Judges • Jury www.trafficsignalexpert.com

  11. 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 www.trafficsignalexpert.com

  12. 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 www.trafficsignalexpert.com

  13. Jury • Very willing to listen and learn about technology so long as: • Message is clear • Examples, sketches, and photos are used www.trafficsignalexpert.com

  14. Other Concerns • LED railroad signs at signalized intersections • LED prohibitive turn signs • LED pedestrian signals www.trafficsignalexpert.com

  15. DISCUSSION www.trafficsignalexpert.com

  16. www.trafficsignalexpert.com Daren E. Marceau, PE, MS Forensic Traffic Specialists, PLLC 113 Montauk Point Place Cary, NC 27513 919-215-8994 dmarceau@trafficsignalexpert.com www.trafficsignalexpert.com

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