Drivers leave the roadway for many reasons, including inattention, excessive speed, adverse weather, and medical conditions. Roadside hardware, such as guardrails, guard cable, concrete barriers, impact attenuators, breakaway signposts, and light poles, is designed to reduce crash severity by redirecting vehicles, slowing or stopping them, or absorbing impact. Although roadside hardware consistently saves lives and reduces crash severity, it is frequently the subject of litigation. Transportation agencies are primarily responsible for maintaining these systems but depend on designers, manufacturers, testing facilities, and installation contractors to develop, test, and install them properly. Defendants in personal injury or wrongful death claims may include governmental entities, design consultants, installation contractors, testing facilities, product designers, or manufacturers. These parties may be subject to allegations of negligence, including negligent design, installation, maintenance, or testing. Manufacturers may also face products liability claims.

NCHRP Legal Research Digest 96: Liability for Roadside Safety Hardware Claims, produced by TRB’s National Cooperative Highway Research Program, focuses on the legal theories of negligence, breach of contract, and products liability, which are the primary sources of law in this area. The digest explains the legal theories of negligence, breach of contract, and products liability; summarizes significant case law involving roadside safety hardware; and briefly addresses governmental testing and the evaluation of roadside hardware performance.