NCHRP Legal Research Digest 53: Liability Aspects of Bikeways

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Table of Contents
COVER 1-1
CONTENTS 2-2
SECTION 1. FEDERAL LAWS ENCOURAGING THE DESIGNATION AND USE OF BIKEWAYS 3-3
A. Introduction 4-4
B. Whether a Public Entity Has a Duty to a Bicyclist 5-5
C. Whether a Public Entity's Alleged Negligence Was the Proximate Cause of the Plaintiff's Claim 6-6
A. Interplay Between a Tort Claims Act and a Recreational Use Statute in Bikeway-Accident Claims Against Public Entities 7-7
B. Immunity From Bikeway Claims Under Some Recreational Use Statutes 8-8
A. State Tort Claims Acts 9-9
B. No General Duty to Install or Provide Highway Signs, Signals, or Pavement Markings 10-10
C. Whether a Public Entity Had Notice of a Dangerous Condition 11-11
D. The Governmental/Proprietary Test Applicable to Municipal Corporations in Some States 12-12
A. The Meaning of the Discretionary Function Exemption 13-13
B. The Meaning of the Discretionary Function Exemption in State Tort Claims Acts 14-15
C. The Discretionary Function Exemption and Bikeway Claims Against Public Entities 16-16
D. Immunity for Negligent Design Based on a Statutory Exemption for Discretionary Activity 17-19
E. Application of the Discretionary Exemption to the Maintenance of Bikeways 20-20
A. Warning Signs 21-21
B. Traffic Control Devices 22-22
C. Stop Signs and Speed Limit Signs 23-23
D. Pavement Markings 24-24
F. Guardrails and Barriers 25-25
G. Shoulders and Adjacent Areas 26-26
H. Requirement That Bicyclists Be Intended or Permitted Users 27-27
A. Overview of Recreational Use Statutes 28-30
B. Whether Public Entities Are Owners Under Recreational Use Statutes 31-32
C. Whether Bikeways Come Within the Meaning of Recreational Use Statutes 33-37
A. Localities' Laws and Policies Regarding Bikeways 38-38
B. Types of Bikeways 39-39
C. Responsibility for Designating Bikeways 40-40
D. Design and Maintenance Guidance for Bikeways 41-41
E. Localities' Reported Litigation over Bikeway Designations 42-42
CONCLUSION 43-44
APPENDIX A. SURVEY QUESTIONS 45-45
APPENDIX B. LIST OF AGENCIES RESPONDING TO SURVEY QUESTIONS 46-47
APPENDIX C. STATE RECREATIONAL USE STATUTES 48-49
APPENDIX D. CASE/ISSUE INDEX 50-54
ACKNOWLEDGMENTS 55-55
BACK COVER 56-56

Table of Contents

COVER 1-1

CONTENTS 2-2

SECTION 1. FEDERAL LAWS ENCOURAGING THE DESIGNATION AND USE OF BIKEWAYS 3-3

A. Introduction 4-4

B. Whether a Public Entity Has a Duty to a Bicyclist 5-5

C. Whether a Public Entity's Alleged Negligence Was the Proximate Cause of the Plaintiff's Claim 6-6

A. Interplay Between a Tort Claims Act and a Recreational Use Statute in Bikeway-Accident Claims Against Public Entities 7-7

B. Immunity From Bikeway Claims Under Some Recreational Use Statutes 8-8

A. State Tort Claims Acts 9-9

B. No General Duty to Install or Provide Highway Signs, Signals, or Pavement Markings 10-10

C. Whether a Public Entity Had Notice of a Dangerous Condition 11-11

D. The Governmental/Proprietary Test Applicable to Municipal Corporations in Some States 12-12

A. The Meaning of the Discretionary Function Exemption 13-13

B. The Meaning of the Discretionary Function Exemption in State Tort Claims Acts 14-15

C. The Discretionary Function Exemption and Bikeway Claims Against Public Entities 16-16

D. Immunity for Negligent Design Based on a Statutory Exemption for Discretionary Activity 17-19

E. Application of the Discretionary Exemption to the Maintenance of Bikeways 20-20

A. Warning Signs 21-21

B. Traffic Control Devices 22-22

C. Stop Signs and Speed Limit Signs 23-23

D. Pavement Markings 24-24

F. Guardrails and Barriers 25-25

G. Shoulders and Adjacent Areas 26-26

H. Requirement That Bicyclists Be Intended or Permitted Users 27-27

A. Overview of Recreational Use Statutes 28-30

B. Whether Public Entities Are Owners Under Recreational Use Statutes 31-32

C. Whether Bikeways Come Within the Meaning of Recreational Use Statutes 33-37

A. Localities' Laws and Policies Regarding Bikeways 38-38

B. Types of Bikeways 39-39

C. Responsibility for Designating Bikeways 40-40

D. Design and Maintenance Guidance for Bikeways 41-41

E. Localities' Reported Litigation over Bikeway Designations 42-42

CONCLUSION 43-44

APPENDIX A. SURVEY QUESTIONS 45-45

APPENDIX B. LIST OF AGENCIES RESPONDING TO SURVEY QUESTIONS 46-47

APPENDIX C. STATE RECREATIONAL USE STATUTES 48-49

APPENDIX D. CASE/ISSUE INDEX 50-54

ACKNOWLEDGMENTS 55-55

BACK COVER 56-56