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Suggested Citation:"CONTENTS." 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. doi: 10.17226/24646.
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CONTENTS I. Introduction, 3 II. Legislative and Substantive History of 23 U.S.C. § 409, 4 III. Elements of Existing Caselaw, 6 A. Preemption of State Law, 6 B. Raw Data, 7 C. Typically Protected Documents, 8 D. Protected Data Available from Other Sources, 11 E. Waiver of Privilege, 12 F. Public Records Requests, 13 G. Influence of Railroad Cases, 14 H. Foundation to Establish State’s Protection, 15 I. Trial Strategy, 18 IV. Survey Responses, 20 V. Tips for Practitioners, 21 VI. Conclusion, 23 Appendix A: A Sampling of Motions Used by State Departments of Transportation, A-1 Appendix B: Survey, B-1

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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.


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