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What We Learn When We Lose

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This questions tests whether you tend to do simple things in an overly complicated way. ... Stopped at the flagman is a white dodge carrying mom and 1 year old son. ... – PowerPoint PPT presentation

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Title: What We Learn When We Lose


1
What We LearnWhen We Lose
LAWSUITS
LAWSUITS
2
  • How Do You
  • put a giraffe into a refrigerator?

3
  • Open the refrigerator,
  • put in the giraffe,
  • and close the door.
  • This questions tests whether you tend to do
    simple things in an overly complicated way.

4
How Do You put an elephant into a refrigerator?
5
  • Open the refrigerator, take out the giraffe, put
    in the elephant and close the door.
  • This tests your ability to think through the
    repercussions of your previous actions.

6
The Lion King is hosting an animal conference.
All the animals attend. . . except one. Which
animal does not attend?
7
  • The Elephant. The elephant is in the
    refrigerator. You just put him in there.
  • This tests your memory.

8
There is a river you must cross but it is used
by crocodiles, and you do not have a boat. How
do you manage it?
9
  • You jump into the river and swim across. Have
    you not been listening? All the crocodiles are
    attending the Animal Meeting.
  • This tests whether you listen, or whether you
    jump to assumptions.

10
  • K-74 in Atchison County
  • Late April around 930 p.m.
  • One vehicle accident
  • In the car is the driver, and five passengers,
    ages 2, 14, 15, 16, and 17.
  • The car fails to negotiate a curve and hits a
    tree.
  • The driver and 14 year old passenger are killed.
  • All other passengers are life-flighted from the
    scene.
  • KDOT is sued by the 2 year old, the 14 year old
    the 15 year old, the 16 year old, and the 17 year
    old.
  • No claim is made for the death of the driver.

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Video logs show that the road was signed like
this by at least 1997. A video log dated 1994
shows three object markers. There is no evidence
that the curve ever had a large arrow or chevrons.
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Lessons to be Learned
  • Drive the roads like you have never driven them
    before. How would this look to a person
    unfamiliar with the road traveling it at night?
  • If you change the traffic control, ask yourself,
    How does this change affect other traffic
    control in the area?

21
  • US-24 in Pottawatomie County
  • US-24 is four lane divided highway
  • All four lanes of US-24 just recently opened
  • The EB lanes of US-24 need some further work on
    the passing lane edge line.
  • EB passing lane is closed.
  • Plaintiff is a passenger traveling SB on a county
    road. Plaintiffs vehicle is struck while
    crossing the EB lanes on US-24.
  • Accident occurs in September 98. Daytime. Bright
    and sunny.

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Lessons to be Learned
  • Projects will encounter needs for traffic control
    that were not expected. Try to anticipate what
    situations are going to arise.
  • Know what different traffic control devices mean
    and use the correct ones.
  • If you dont know how to handle a situation, call
    someone who does.

26
  • US-59 in Jefferson County
  • Late August, 100 p.m., bright and sunny day.
  • Project is crack repair preparing the surface for
    an overlay.
  • 2 lane roadway.
  • Flagman operation.
  • Stopped at the flagman is a white dodge carrying
    mom and 1 year old son.
  • Second vehicle in line is a red Ford carrying
    mom, dad, 2 year old son and 3 year old daughter.

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Lessons to be Learned
  • More signs are not always best.
  • Especially when those signs are wrong.
  • Pay attention to the little things like flags.
  • Pay attention to your traffic control plans
    everyday.

37
  • US-24 in Pottawatomie County
  • US-24 is under construction. The project is
    changing the road from two lane to four lane.
  • Accident occurred in early November, 1997.
  • Plaintiff is traveling SB on a rural road.
  • Semi is traveling EB on US-24.

38
  • US 24 and rural road prior to accident.

39
  • US-24 and rural road on day of accident.

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Lessons to be Learned
  • Check your traffic control everyday and every
    time you travel through a project.
  • Remember you may have traffic control in
    locations where no work is going on.
  • Know what the traffic control layout is suppose
    to be.

46
  • US-77 bypass around Arkansas City
  • October 31, November 1, and 2.
  • Number injured 100s
  • Number suing KDOT 16 property owners
  • The claim is that the construction of the bypass
    resulted in flooding.
  • Flood was between the 75 and 100 year level.
  • All property owners, except one, had no
    protection prior to the construction of the
    bypass/levee.

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Lessons to be Learned
  • Write what you mean. Whether it be in letters,
    minutes to meetings, diaries, etc.
  • Letters, minutes to meetings, diaries, etc. are
    not forms. What you write may have to be
    explained by you someday.

49
  • US-69 in Miami County
  • Man, his wife and adult daughter are traveling
    southbound when they strike a cow in the roadway.
  • The mother is killed. The daughter is injured to
    the point where working is difficult. The
    husband suffers minor injuries.
  • KDOT is sued because there is one broken fence
    post in the right of way fence.
  • The allegation is that the cow got onto the road
    through the broken fence post.

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  • Fences by virtue of their legal and physical
    protection
  • a. Control Access
  • b. Provide Safety to the Traveling Public
  • c. Prevent indiscriminate crossing of medians
    or ramps by vehicles or pedestrians and
  • d. Prevent encroachments on the right of way.

52
  • Fences which have been damaged to the extent that
    their effectiveness is severely reduced should be
    repaired immediately. A temporary repair may be
    necessary until permanent repairs can be made.
  • State-owned fences should be inspected a minimum
    of once per year and repairs made where needed.

53
Lessons to be Learned
  • Read your policies.
  • If the policy says something that cannot be done
    or is not done change the policy or start doing
    what the policy says.
  • Speak the truth. Say only what needs to be said.

54
Language as Rewritten After the Lawsuit
  • Fences are used to delineate access control for
    a highway by serving as a boundary marker. They
    are used in the same way that right-of-way
    markers or controlled access signs are used, with
    or without fence, to identify the access control
    line.

55
  • Fences which have been damaged, should be
    repaired in a reasonable time frame. A temporary
    repair may be necessary until permanent repairs
    can be made.
  • State-owned fences should be inspected
    periodically and repairs made where needed.

56
POSITIVE RESULTS THROUGH POSITIVE GUIDANCE
FINAL RECOMMENDATIONS FOR THE STATES BY THE
NATIONAL ADVISORY TASK FORCE ON POSITIVE
GUIDANCE(FHWA Document)
57
  • In order to insure citizens (and especially
    elderly citizens) a uniform and high quality
    roadway environment, states should establish a
    policy for installation of visual information
    devices.

58
  • Signs and road markings must be designed to
    accommodate drivers with the weakest eyes and the
    slowest reaction times.

59
Manual on Uniform Traffic Control Devices, 2003
Edition
60
  • Section 2A.19 Standard
  • Ground-mounted sign supports shall be breakaway,
    yielding, or shielded with a longitudinal barrier
    or crash cushion if within the clear zone.
  • Section 2A.21 Standard
  • Sign posts, foundations, and mountings shall be
    so constructed as to hold signs in a proper and
    permanent position, and to resist swaying in the
    wind or displacement by vandalism.

61
  • Section 3A.02 Standard
  • Markings that must be visible at night shall be
    retroreflective unless ambient illumination
    ASSURES that the markings are adequately visible.
  • Recommended language.
  • Markings that should be visible at night shall
    be retroreflective unless ambient illumination
    provides reasonable visibility.

62
  • 6E.01 Guidance
  • Flaggers should be able to satisfactorily
    demonstrate the following abilities Ability to
    move and maneuver quickly in order to avoid
    danger from errant vehicles.
  • Recommended language
  • Ability to move and maneuver in a reasonably
    quick manner.

63
  • Figure VI-63 shows a short-term road closure
    caused by an unplanned incident such as a traffic
    accident that blocks the traveled way. . . . The
    local traffic engineering department will
    probably be needed to determine the detour route
    and install the signs.

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Lessons to be Learned
  • When writing standards be objective.
  • Do NOT have contradictory statements in the same
    document (or even different documents.)
  • Remove the words assure, insure and ensure
    from all manuals, policies, writings, documents,
    etc.

66
  • Q. And where was the location of the accident?
  • Approximately milepost 499.
  • And where is milepost 499?
  • A. Probably between milepost 498 and 500.
  • Did you blow your horn or anything?
  • After the accident.
  • Before the accident?
  • Sure, I played for ten years.
  • I even went to school for it.
  • How far apart were the vehicles
  • at the time of the collision?

67
  • Doctor, before you performed the autopsy, did
    you
  • check for a pulse?
  • No.
  • Did you check for blood pressure?
  • No.
  • Did you check for breathing?
  • No.
  • So, then it is possible that the patient was
    alive when
  • you began the autopsy?
  • No.
  • How can you be so sure, Doctor?

A. Because his brain was sitting on my desk in a
jar.
Q. But could the patient have still been alive
nevertheless?
  • It is possible that he could have been alive
    and
  • practicing law somewhere.

68
THE END
THE END
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