State and local transportation agencies increasingly rely on proactive safety analysis to inform roadway design and improvement decisions before crashes occur. However, uncertainty regarding the potential use of proactive safety methodologies, manuals, and guidance in tort litigation has raised concerns about increased exposure to liability.

NCHRP Legal Research Digest 95: Addressing Liability Issues of Proactive Safety Improvements, produced by TRB’s National Cooperative Highway Research Program, examines the legal considerations facing transportation agencies that adopt proactive, data-driven approaches to roadway safety. The digest reviews relevant statutes, case law, and agency practices; identifies litigation in which proactive safety concepts have been raised; evaluates defenses and outcomes; and documents strategies used by transportation agencies to mitigate liability concerns. Based on this analysis, the research explores potential legal, administrative, and policy approaches that may support the use of proactive safety methods while preserving established processes for prioritizing and funding roadway improvements.

Resource Types: Legal Digest
Capabilities: Organization & People
Management Processes: Performance Based Planning & Programming, Strategic Direction