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Touro University Jacob D. Fuchsberg Law Center

2008

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Why Pedestrian-Friendly Street Design Is Not Negligent, Michael Lewyn Jan 2008

Why Pedestrian-Friendly Street Design Is Not Negligent, Michael Lewyn

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In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials' Green Book, has generally favored the construction of such high-speed streets, and transportation planners fear that if they fail to follow the Green Book's recommendations, they …