• Skip to primary navigation
  • Skip to main content
  • About
  • Contact
  • Listserv
  • Facebook
  • Twitter
  • Login/Register
workzonesafety.org

National Work Zone Safety Information Clearinghouse

Library of Resources to Improve Roadway Work Zone Safety for All Roadway Users

  • Crash Information
    • Work Zone Fatal Crashes and Fatalities
    • National Estimates of Total and Injury Work Zone Crashes
    • Work Zone Fatal Crash Facts
    • Other Work Zone Crash Related Resources
  • Flagger Information
    • Flagger Training and Certification Requirements by State
    • Flagging Resources Developed Under the FHWA Work Zone Safety Grant Program
    • Classes
    • Videos
    • Job Resources
  • Training
    • FHWA Work Zone Safety Grant Products
    • Roadway Safety Training Program
    • Online Learning Management System
    • Training Courses and Programs
    • Training Videos
    • ARTBA
    • ATSSA
    • NHI
    • NSC
    • LTAP/TTAP
    • WSU
  • Events and Conferences
    • National Work Zone Awareness Week
    • Work Zone Safety Conferences
    • Other Work Zone Related Conferences
    • 2020 Transportation Construction Safety Events Calendar
  • Data Resources
    • Searchable Databases
    • Public Awareness
    • Laws, Regulations, Standards, and Policies
    • Manual on Uniform Traffic Control Devices (MUTCD)
  • Hot Topics
    • Improving Large Truck Safety in Work Zones
    • Smarter Work Zones
    • Transportation Management Plans
    • Accommodating Pedestrians
    • Rear End Crashes
    • Minimizing Construction Interferences with Traffic
    • Managing Speeds
    • Mobile/Short Duration Work Zones
    • Reducing Worker Run-overs and Back-overs
    • Working at Night
    • Reducing Worker Fatigue and Distraction Risks
You are here: Home / Publications / Louisiana DOTD Liable for Bicyclist’s Death in Work Zone

Louisiana DOTD Liable for Bicyclist’s Death in Work Zone

Abstract:

A Louisiana Court of Appeal recently affirmed a lower court decision which found the state negligent in failing to warn of a barricaded frontage road under construction. A driver, unaware that the road was closed for construction, drove into the barricades, killing a bicyclist who was attempting to move a barricade so he could pass through. The trial court concluded that the state breached its duty to the public by failing to affix amber flashing lights to the barricades, and by failing to place warning signs which would have alerted traffic that the frontage road was closed south of the intersection with Highway 726. The DOTD appealed the trial court finding, claiming that Vils, the driver of the truck, not the DOTD, was the cause of the bicyclist’s death. However, the Appeal Court found that the DOTD had a duty to alert unwary drivers of unusually perilous hazards, such as an unexpected detour. The higher court went on to base its affirmation on the fact that it was foreseeable that pedestrians or bicyclists would be using the road in question.

Source: Road Injury Prevention & Litigation Journal
Publication Date: April 1999
Notes:

The Clearinghouse has a copy of this item.

Publication Types: Articles
Topics: Bicycle Safety; Court Decisions; Crash Causes; Crash Reports; Cyclists; Tort Liability

Copyright © 2021 American Road & Transportation Builders Association (ARTBA). The National Work Zone Safety Information Clearinghouse is a project of the ARTBA Transportation Development Foundation. It is operated in cooperation with the U.S. Federal Highway Administration and Texas A&M Transportation Institute. | Copyright Statement · Legal Notices/Policies · Disclaimer
American Road and Transportation Builders Association Transportation Development Foundation, American Road and Transportation Builders Association U.S. Department of Transportation Federal Highway Administration Texas A&M Transportation Institute