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Full-Text Articles in Law
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn
Michael E Lewyn
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 …
2008-09 Cnu Blog Posts, Michael Lewyn
2008-09 Cnu Blog Posts, Michael Lewyn
Michael E Lewyn
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn
Michael E Lewyn
American streets are typically designed for fast automobile traffic. As a result, those streets are often dangerous for pedestrians.
In part, the anti-pedestrian design of American streets is a result of transportation planners' perceptions of American tort law. In negligent street design cases, courts and juries sometimes rely upon guidelines set by the American Association of State Highway and Transportation Officials (AASHTO), a national association of government transportation officials. Because AASHTO's street-design rules have historically favored wide streets built to accommodate high-speed traffic, planners sometimes assume that in order to avoid liability, they must do the same.
The purpose of …