MANAGING RISKS AND LIABILITIES IN THE HIGHWAYS AND TRANSPORT SECTOR

Abstract

In recent years, more people have been claiming financial recompense for personal injuries they sustain. Increasingly, the targets of such claims are highway authorities, transport operators and property owners. This paper outlines an area of risk commonly overlooked by practitioners, but which can be managed effectively and can afford both cost savings and public safety improvements. Inconsistencies between design standards, safety improvement policies and maintenance regimes for the more common vehicle-based infrastructure can all weaken an authority's position when assessing their prior knowledge of potentially hazardous environments. This has direct implications on the likely success of defending public liability claims. With the evolution of intelligent transport systems and more sustainable modes of transport, the liability situation is changing. Tram tracks, cycle routes and even the existence of busy pedestrian routes beside low priority traffic routes, are all testing the robustness of highway authority policies and practices. This paper outlines how the highway factor may be found to be contributory in the event of an accident. The highway authority's and transport operator's duties and powers are then considered, along with examples showing how exposure to personal injury claims can arise. The concept of “prior knowledge” (emanating from a vast array of sources) is introduced, before the importance of internal communication and the management and use of information is considered.