Legal Issues and Emerging Technologies (2022) / Chapter Skim
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TCRP LRD 59 5 nologies will have on the mobility ecosystem and be aware of the different avenues of liability that the technology presents. There are many emerging technologies that transit agencies may be considering.
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6 TCRP LRD 59 Under the doctrine of respondeat superior, an employer may be liable for torts committed by its employees while acting in the scope of their employment.10 Employment classification law distinguishes between employees and independent contractors for liability purposes under respondeat superior.11 An employee's use of an electronic device supplied by his employer may implicate the employer under this doctrine. The issue of whether the employer provided the electronic device in use at the time of the accident may not be dispositive.
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TCRP LRD 59 7 cies to not exclude coverage for commercial use, and 48 states changed their laws to allow for additional umbrella coverage. Lawmakers throughout the U.S.
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8 TCRP LRD 59 (NACTO) , people took 136 million trips on shared bikes and scooters in 2019, which is a 60% increase from 2018.19 Some "speculate that micromobility is only at its beginning of the exponential innovation and growth curve."20 However, the COVID-19 pandemic may impact the future of micromobility.21 Some cities offer official bike share programs, but the services are usually offered by a private company.22 Publicly-shared bike and scooter networks like Bird, Lime, Lyft, and Uber depend on using the public right-of-way, including city streets, as well as sidewalks and parking spaces.
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TCRP LRD 59 9 that uses nearly identical defining language to differentiate between models based on speed capabilities.31 2. State and Local Regulations States typically grant counties and municipalities the authority to regulate the use of sidewalks and streets in the public right-of-way (ROW) within their jurisdiction.32 Many local governments use this authority to regulate shared micro mobility systems, which depend on being able to use public streets and sidewalks, including for the installation of docks and charging stations and use of public parking spaces.33 Some states give explicit authority to local governments to regulate micromobility operations, shared systems, or both.34 For example, New York recently made it legal for e-scooters to operate in the state, however, it reserves the right for cities to regulate, or ban, e-scooters and shared e-scooters systems: The governing body of any city, town or village may, by local law, ordinance, order, rule or regulation, authorize and regulate shared electric scooter systems within such city, town or village.
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10 TCRP LRD 59 company, a pedestrian, a vehicle driver, or someone else was at fault for injuries sustained. Cities are generally responsible for maintaining roadways against defects, such as potholes.
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TCRP LRD 59 11 Micromobility rental companies deal with the liability issue by requiring customers to sign an agreement that limits its liability. To rent most scooters and bikes, the rider must sign a rental agreement assuming the risk of riding the vehicle, waiving or limiting liability, and agreeing to binding arbitration that limits riders' legal rights and remedies.
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12 TCRP LRD 59 vidually owned bikes, the increased usage levels for rental bikes may call for stronger regulations. Meeting or exceeding international standards for bikes (International Standards Organization 43.150–Cycles, subsection 4210)
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TCRP LRD 59 13 toward parties in the AV and CV supply chain (carmakers, tier 1 manufacturers, software companies, etc.)
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14 TCRP LRD 59 In some cases, the city, county, or state has been liable where the traffic signal is faulty or malfunctioning.73 "In cases not barred by the doctrine of governmental immunity, the ultimate question of liability is ordinarily decided under principles of common-law negligence, and depends, of course, on the particular facts presented to the court."74 3. Positive Train Control Positive Train Control (PTC)
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