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Legal Research Digest 65 national Cooperative highway researCh program April 2015 TRANSPORTATION RESEARCH BOARD OF THE NATIONAL ACADEMIES liability aspects of pedestrian facilities This report was prepared under NCHRP Project 20-6, âLegal Problems Arising Out of Highway Programs,â for which the Transportation Research Board is the agency coordinating the research. The report was prepared by Terri L. Parker, Parker Corporate Enterprises, Ltd., and Ronald Effland, Missouri Highway and Transportation Commission. James B. McDaniel, TRB Counsel for Legal Research Projects, was the principal investigator and content editor. the problem and its solution State highway departments and transportation agen- cies have a continuing need to keep abreast of operat- ing practices and legal elements of specific problems in highway law. This report continues NCHRPâs practice of keeping departments up-to-date on laws that will affect their operations. applications Walkways and areas where pedestrians cross roads have traditionally been an area vulnerable to tort claims involving pedestrians injured in trip and fall incidents or vehicle accidents. Public agencies also have exposure in terms of Americans with Disabilities Act (ADA) complaints or lawsuits alleging civil rights violations due to inaccessible pedestrian features. In the cases of both tort claims and accessibility-related claims, media highlights may feature unusual cases that are not repre- sentative of either jury verdicts or judicial opinions. Regardless of the out-of-pocket costs of litigation, state and local agencies must appropriately construct and maintain their pedestrian facilities in order to maintain a reasonably safe transportation system. The most recent data available at the time of this digest indicates that 4,432 pedestrians died in traffic crashes in 2011, which was a 3 percent increase from the number reported in 2010. In fact, in 2011, pedestrian deaths accounted for 14 percent of all traffic fatalities. Limited or incorrect information exists about legal aspects associated with the design, construction, inspec- tion, maintenance, and operation of pedestrian facilities. This digest provides a view and analysis of recent jury verdicts and court decisions addressing tort liability and ADA-related claims covering pedestrian facilities to the extent that information is available. The main objec- tive of this research was to assess liability and claims concerning pedestrian facilities or the lack of such facilities and their interaction with highways. By providing insight into the nature and disposition of pedestrian facility-related claims, the research results should con- tribute to enhanced safety and accessibility of pedestrian facilities. The digest should be useful to transportation officials, attorneys, engineers, planners, law enforcement officials, pedestrians, and all interested in safe pedestri- an traffic. responsible senior program officer: Gwen chisholm smith LRD 65_rev1.indd 1 4/8/15 9:57 AM