1. ITE LED TRAFFIC SIGNAL WORKSHOP ON SNOW AND ICE BUILDUP: Crash, Risk, and Liability Issues Washington, D.C. December 14/15, 2010 www.trafficsignalexpert.com

2. Outline Presentation Open discussion www.trafficsignalexpert.com

3. Who is This Guy? Former police officer, mid-1980’s Engineering practice –Design traffic signals, signs, pavement markings, intersections –Crash reconstruction and expert testimony Founded Forensic Traffic Specialists Author: Accident Reconstruction at Traffic Signal Intersections Instructor www.trafficsignalexpert.com

4. Discussion Topics Traffic signals’ role in traffic control Liability Current legal trends Current state of knowledge Other concerns www.trafficsignalexpert.com

5. Traffic Signals’ Role in Traffic Control The obvious: assigning right-of-way Usual/regular drivers Unfamiliar drivers The not-so-obvious… www.trafficsignalexpert.com

6. Traffic Signals’ Role in Traffic Control Signals play a large role in: –Defining intersection in general –Guiding drivers through intersection –Guiding drivers into correct departure lane www.trafficsignalexpert.com

7. Liability Had a duty Failed to do that duty or did something contrary to that duty Actions damaged another party www.trafficsignalexpert.com

8. Liability Knew of a problem Should have know of a problem What do the standards say What is the ‘standard of care’ www.trafficsignalexpert.com

9. Observations of Current Legal Trends We are in a recession Lawsuits are abundant! Number of lawsuits in any particular topic area will increase exponentially Casting the net over ALL possible parties Sovereign immunity…not a deterrent www.trafficsignalexpert.com

10. Traffic Signal Knowledge in the Legal System Police Attorneys Judges Jury www.trafficsignalexpert.com

11. Police Crash investigation Report by an on-scene officer goes a really, really long way in legal system Officer’s word is golden Attorneys will rarely dispute officer in court Police do not receive any traffic signal training whatsoever www.trafficsignalexpert.com

12. Attorneys and Judges Most likely have never handled a signal case No training in traffic control devices Don’t know what they don’t know about traffic signals Because they see signals every day they think they know all about signals www.trafficsignalexpert.com

13. Jury Very willing to listen and learn about technology so long as: –Message is clear –Examples, sketches, and photos are used www.trafficsignalexpert.com

14. Other Concerns LED railroad signs at signalized intersections LED prohibitive turn signs LED pedestrian signals www.trafficsignalexpert.com

15. DISCUSSION www.trafficsignalexpert.com

16. Daren E. Marceau, PE, MS Forensic Traffic Specialists, PLLC 113 Montauk Point Place Cary, NC 27513 919-215-8994 dmarceau@trafficsignalexpert.com www.trafficsignalexpert.com