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tekguy
Regular
Joined: 04 Jan 2008
Posts: 102
Location: los angeles california
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 Posted: Thu 14-Aug-2008 01:02 Post subject: traffic advisor liability |
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| does one assume more civil and or criminal liability by using a directional arrow on a traffic advisor to direct traffic in a specific direction than to use the end flashers in a wig wag pattern and let drivers figure out what they are going to do. |
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HILO
Regular
Joined: 15 Feb 2006
Posts: 605
Location: Dallas Texas
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| Posted: Thu 14-Aug-2008 05:31 Post subject: |
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If you are a peace officer, working under the direction of a peace officer, a certified flag man, or properly instructed construction or maintence worker, you have no criminal and very little civil liability for useing a warning device, to wit a arrow device, as a warning to motorist. If you have the thing going in the wrong direction, you mgiht be up for some civl issues. An arrow stick (and all names there in) is simply a warning lamp n a vehicle. said vehicle is already blocking passage so the arrow stick simply compliments the other warning lights, or is used alone. An arrow board, the big one on a trailer that runs off a generator, or solar, is a traffic control device, where as you as the peace officer (ect) are the traffic control device, not your arrow stick.
If you are diecting traffic, the responsibility is all you, and you assume most if not all liability. If you allow a car to go through an intersection and another car comes and hits the first car, whil claiming they didi not see your hand in the stop posittion, you eat the wreck. If Joe Driver hits your squad car (or construction truck) from the rear, and you had all availible warning equipment turned on, Joe Driver buys the wreck.
what do you mean use the end flashers in a wig wag patters? What end flashers?
*btw, this is based on Texas. I have no idea what you smaller, squirrell eatin states do......  |
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QualityLights
Frequent Poster
Joined: 23 Sep 2007
Posts: 1491
Location: Port Jervis, NY
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tekguy
Regular
Joined: 04 Jan 2008
Posts: 102
Location: los angeles california
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| Posted: Thu 14-Aug-2008 18:18 Post subject: |
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Didn't you ask about traffic advisers here?
Yes, I asked about the effectiveness of traffic advisors in the above referenced link. The question asked in this forum is about the legal liability of dirrecting traffic with a 8 lamp traffic advisor. I feel they are 2 different questions meant for 2 different forums. i understand your question though! |
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NPS Ranger
Contributing Member
Joined: 27 Aug 2005
Posts: 974
Location: Northampton County, PA
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| Posted: Thu 14-Aug-2008 20:27 Post subject: Re: traffic advisor liability |
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| tekguy wrote: |
| does one assume more civil and or criminal liability by using a directional arrow on a traffic advisor to direct traffic in a specific direction than to use the end flashers in a wig wag pattern and let drivers figure out what they are going to do. |
I think you're giving this way too much thought. If you're worried about liability, don't park your vehicle in a traffic lane. If you want to direct traffic in a specific direction, use flares. Since your other thread notes that maybe 25% of people have no idea what a directional arrow is trying to say, I don't trust them to "direct" anyone anywhere. 1 in 4 odds of being run over doesn't cut it for me. Unless your state motor vehicle department driver's license manual mentions traffic advisors and what they mean, it would be hard to prove liability if someone did or did not follow them. |
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Ben E.
Contributing Member
Joined: 29 Aug 2005
Posts: 3543
Location: Tama county, IA
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| Posted: Thu 14-Aug-2008 23:33 Post subject: Re: traffic advisor liability |
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| NPS Ranger wrote: |
| If you want to direct traffic in a specific direction, use flares. |
For long and medium-length scenes, I'll agree with this. You should be using Cones and/or flares if you're sitting somewhere long enough to be worried about liability. Like others said, if you're using it as part of, or in addition to an emergency-colored lightbar or light system, all it is, is an addition to the warning system. If people can't figure out red and blue lights mean move over, an arrowstick isn't going to help them. |
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