National Academies Press: OpenBook

Liability Aspects of Bikeways (2010)

Chapter: APPENDIX A. SURVEY QUESTIONS

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Page 45
Suggested Citation:"APPENDIX A. SURVEY QUESTIONS." National Academies of Sciences, Engineering, and Medicine. 2010. Liability Aspects of Bikeways. Washington, DC: The National Academies Press. doi: 10.17226/14371.
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Page 45

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45 APPENDIX A. SURVEY QUESTIONS NCHRP 20-6, Study Topic 15-04, Liability Aspects of Bikeway Designation 1. Please provide contact information for the person or persons responding to the survey on the above topic. Name: Title/position: Agency: E-mail: 2. Has your agency approved, denied or otherwise been involved in the designation of bikeways or bicycle lanes on streets or highways? If so, please provide details. 3. Please advise whether your jurisdiction has a statute, ordinance, regulations, guidelines or policies applicable to the designation of bikeways or bicycle lanes on streets or highways. If so, please provide a copy. 4. If your jurisdiction does not have already laws, regulations, policies or guidelines applicable to the designation of bikeways or bicycle lanes on streets or highways are there any proposals to do so? If so, please provide details and a copy of any pending action. 5. Has your agency been involved in any litigation regarding the agency’s designation of or re- fusal to designate a bikeway or a bicycle lane on a street or highway? If so, please provide details. 6. If your agency has been requested to designate a bikeway or a bicycle lane on a street or highway and the agency declined to do so, what were the reasons for the agency’s decision? Was po- tential tort liability one of the reasons? 7. Has your agency had tort claims arising out of accidents on bikeways or designated lanes for bicycles on streets or highways or on streets or highways lacking a designated lane for bicycles? If so, please provide details, including, if possible, the dates and amounts of any settlements or judgments. 8. Does your agency have a report or other information on the agency’s experience with tort claims against the agency, for example, on the number of claims, type of claims, number of closed cases, number of pending cases and pre-suit claims or demands, and amount paid by or on behalf of the agency because of judgments or settlements? If so, please provide a copy for any years for which such information is available. 9. If your jurisdiction has had experience with the bikeways or bicycle lanes on streets or high- ways do you have any suggestions regarding the designation process and/or reducing the risk of liti- gation including tort claims?

Next: APPENDIX B. LIST OF AGENCIES RESPONDING TO SURVEY QUESTIONS »
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TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 53: Liability Aspects of Bikeways explores the liability of public entities for bicycle accidents on bikeways as well as on streets and highways. The report also examines the federal laws that encourage the designation and use of bikeways; the elements of a claim in tort against a public entity for a bicycle accident, whether on a public street or some type of bikeway; defenses to bikeway accidents under tort claims acts and applicable to public entities; immunity for bicycle claims under some state recreational use statutes that in a majority of states are applicable to public entities; and public entities’ laws and policies on the accommodation of bicycles on streets and highways and the designation of bikeways.

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