1. Jay Smith Terri Parker Counsel for MHTC Current Legal Issues

2. Claims by Pedestrians Road Not Reasonably Safe Americans with Disabilities Act Violations

3. Recent TRB publication Liability Aspects of Pedestrian Facilities 4,432 pedestrians died in traffic crashes in 2011. Pedestrian crashes accounted for 14% of traffic fatalities Survey Conducted of Cities and States to determine litigation experience on tort and ADA claims Huge verdicts against DOTs, school districts and cities California Maryland

4. Reasons for Large Verdicts Catastrophic Injuries Agency Presumed to have Knowledge of Industry Standards Engineering Studies done by Agency Unpopular Actions of the Agency / School District Complaints made by Citizens providing Notice of Problem Damages not capped by sovereign immunity

5. Americans with Disabilities Act Laws enacted in early 1990s requiring access for ALL people Some agencies more successful than others in accomplishing basic goals: curb ramps, smooth sidewalks, access to facilities Survey of states, cities and counties regarding ADA experience Survey sent to all states, mix of rural and metropolitan cities and counties More than half of respondents had current or past experience Small, medium, large counties including Stone County, MO and Arlington County, VA.

6. Results of Survey – Common Issues Funding Lack of Training. Agencies now conducting additional training for employees, contractors, LPAs. Internal Guidance. Agencies developed new internal policies for items such as accessible right of way and maintenance guidelines for snow removal.

7. Results of Survey, continued Transition Plan. Develop or Update. Compliance with the help of FHWA. Helena, MT. Settlement agreement requiring new transition plan, evaluate and inventory all curb ramps in city, create a map showing best routes of travel around the city. Common complaints: Access to sidewalks, lack of curb cuts, steep slopes, disrepair. The majority of complaints require systematic improvement rather than spot improvement.

8. Strategies for compliance. Identify Safety Issues. Establish a Baseline. Catalogue all sidewalks and their condition. Plan improvements as part of projects or as system wide program. Request help and input from Pubic. Review the claims. Identify problem areas. Communicate within the agency. Document the conditions of the scene of an accident, all the time. Provide the tools to address the problems.

9. Compliance with Industry Standards Review internal guidelines for consistency Ensure compliance with internal guidelines. Change internal guidelines if necessary. Guidelines should indicate the actual work that is going on in the office and the field, not the work that we wish we were doing or could do. The best defense to a lawsuit is compliance with guidelines or standards. If you have strayed, you better have a good, articulable, well-documented reason.

10. For Additional Information Transportation Research Board Publication website Entire publication can be downloaded (FREE!)