TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 72: Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation explores the origins and provisions of 23 U.S.C. § 409, Discovery and Admission as Evidence of Certain Reports and Surveys, which prohibits the use, in tort litigation, of highway safety data created for purposes related to safety improvements on roads qualifying for federal safety improvement funding. The digest explores the amendments to the law, development of caselaw interpreting and applying the law, a 2003 Supreme Court decision, and current interpretation and application issues.
National Academies of Sciences, Engineering, and Medicine. 2016. Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation. Washington, DC: The National Academies Press. https://doi.org/10.17226/24646.
|Legal Research Digest 72
|II. LEGISLATIVE AND SUBSTANTIVE HISTORYOF 23 U.S.C. 409
|III. ELEMENTS OF EXISTING CASELAW
|IV. SURVEY RESPONSES
|V. TIPS FOR PRACTITIONERS
|APPENDIX A A SAMPLING OF MOTIONS USED BY STATE DEPARTMENTS OF TRANSPORTATION IN SUPPORT OF THEIR REQUEST FOR THE RESTRICTION OF DATA THAT IS PROTECTED BY FEDERAL LAW
|APPENDIX B SURVEY
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