Identification of Liability-Related Impediments to Sharing §409 Safety Data among Transportation Agencies and a Synthesis of Best Practices (2006) / Chapter Skim
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Research Results Digest 306 October 2006 C O N T E N T S 1. Introduction, 1 2.
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responsible for data-related liability concerns. Given the objective of determining best practices for overcoming liability-related impediments to the sharing of crash data, the interviews focused on determining the states' current data-sharing practices; the reasons for limitations, if any, in the sharing of crash data; the degree to which any limitations are related to liability concerns; and the practices employed in managing the liability-related risks in sharing safety data.
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by location, accident characteristics, and highway features. This database made it very easy for plaintiffs to argue that highway agencies had notice of roadway conditions which had caused prior deaths and severe injuries, but had not been ‘repaired.' (Michael Tardif, Analysis of Pierce County v.
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by the State, using criteria established in accordance with paragraph (2)
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State Liability Risk American jurisprudence has long recognized a right to redress negligence. Proving liability, in very simple terms, requires the establishment of a duty, the breach of that duty, and damages or injury resulting as a proximate cause of that breach.
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challenges were noted: (1) a lack of communication and (2)
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• Freedom of Information Act, • Tracking the release of information, • Interagency agreements, • Training, • Data format, and • Open data-sharing practice. Immunity Sovereign immunity provides states with effective protection from liability by rendering the government immune from civil suits or criminal prosecution.
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"waive" §409 protection in court. This is done because an FHWA opinion states that §409 does not permit states to use data protected under that statute as a defense.
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ments, video, or audio, applies a group of bits to the signal or the author of a signal, which allows tracking of the signal. Through digital watermarks, authors are able to add visible or invisible copyright notices or disclaimers to electronic documents.
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There are a handful of states that proactively share data with the public. For example, one state annually publishes its top 10 high-accident locations.
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transportation planning and project development is conducted, this review of practices indicates that a number of methods can be utilized, most likely in combination, in conjunction with the protection provided by §409 to adequately manage this risk. This review, however, also indicates that states and MPOs, because of local differences, should not all follow the same approach.
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APPENDIX A Summary of Pierce County, Washington v. Guillen The Supreme Court's decision in Pierce County v.
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Background to the Guillen Case Pierce County, Washington v. Guillen began as the result of an automobile crash at an intersection in Pierce County.
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Justice Thomas began by recognizing the tension between construing evidentiary privileges narrowly, so as to not impede the search for truth, and the desire to give effect to acts of Congress. The Court then disposed of the first two views of §409's scope: Guillen's interpretation of the statute was the narrowest, but it would render the 1995 amendment protecting data "collected" pursuant to §152 "an exercise in futility." (Guillen, supra, at 145 and 730)
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Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP)
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