Roadway Construction Defects: Hydroplaning and Other Dangerous Conditions

Roadway Construction Defects: Hydroplaning and Other Dangerous Conditions Or Presented By Richard A. Rice, PE

Whose Doors Should You Be Knocking On When You Get a Claim/File Involving a Roadway Incident? Presented By Richard A. Rice, PE

Part 1: Types of Pavement Defects Part 2: Case Studies (Throughout the Presentation) Part 3: Who are the Players and What Things Do You Ask For?

Types of Pavement Defects - Roadway Rutting - Improper Roadway Geometry - Improper Shoulder Height (Drainage) - Shoulder (Edge) Drop-off - Improper Maintenance During Construction - just to name a few

Causes of Roadway Rutting o To Much Liquid Asphalt o To Little Liquid Asphalt o Over Compaction of Freshly Laid Pavement o Under Compaction of Freshly Laid Pavement o Over Vibration of Concrete Pavement o Improper Aggregate (Asphalt and Concrete) o Improper Placement Temperature o many other causes

Rutting in the Wheel Track Approx. ½ Inch Rut

Water in the Wheel Track

Improper Aggregate in Asphalt Pavement (Round River Rock)

A Temporary Fix for the Rutting

Taking Cores for Pavement Testing

Preparing Pavement Cores for Testing

Case Study #1: The Uncalibrated Professor: Rutting/Hydroplaning Case Author Hired to Evaluate Roadway/Asphalt Pavement Asphalt Cores Taken/Tested by Certified Lab. Calibration Confirmed Author Finds Cause of Rutting in Asphalt Mix Defense Hires University Professor Asphalt Cores Taken/Tested by University Students at University Lab Professor Finds No Fault with Asphalt Mix In Deposition, the Professor confesses that his students are not certified asphalt technicians. In addition, the measuring and testing equipment used to test the asphalt cores were NOT CALIBRATED! Judge Throws Out Professors Test Results!!!

Damming of Roadway

Improper Shoulder Height

Proper Shoulder Height

Shoulder (Edge) Drop-off

Case Study #2: A Long Way Down ocontractor Placed Asphalt Overlay on Existing Roadway oambulance Drops Off 8 Inch Unprotected Shoulder oambulance Attempts to Mount Pavement Rolls Over ounbelted Doctor (Assisting Patient) Becomes Quadriplegic oexperts Show Improper/Dangerous Roadway Condition and oimproper Asphalt Mix by Contractor oinsurance Company (Defense) Has No Experts/Ignores Plaintiff Settlement Offer Goes to Trial o$10 Million Dollar Verdict for Plaintiff

Shoulder (Edge) Drop-off

Shoulder (Edge) Drop-off During Construction

Shoulder (Edge) Drop-off: The way it should be!!

Improper Maintenance During Construction

Don t Forget Roadway Signage

Signage Should Not Be Confusing

Signage Should Always Be Obeyed

Roadway Construction Process (In a Nutshell) o Planning and Design of Proposed Roadway - Prepare Construction Plans and Specifications - Prepare Quality Control (QC) and Quality Assurance (QA) Protocols o Bid Opening/Most Responsive Roadway Contractor Selected o Notice to Proceed o Construction of Roadway - QC and QA Activities - Daily Inspection of Contractor s Activities (Material/Pay Quantities) (Equipment Used)

Improper Roadway Geometry

Case Study #3: Dolomite and Geometry Don t Mix o24 Year Old Driver Traveling 40 MPH on Two Lane Roadway oloses Control at a Horizontal Curve on a Hill That is Sloped to the Outside of the Curve Hits Tree - Killed oin Addition to Improper Roadway Slope, Asphalt Testing Indicates the Use of Dolomite as an Aggregate in Asphalt Mix. The Use of Dolomite was FORBIDDEN by State DOT Due to Polishing/Reduced Friction oagain Insurance Company Did Not Hire Expert ocase Settles BIG for Plaintiff (Undisclosed $$$) Roadway Surface Removed

Who are the Players in a Roadway Construction Project? WHO ARE YOUR.. POTENTIAL RESPONSIBLE PARTIES (PRP S)?

Who are the Players (PRP s) in a Roadway Construction Project? o Federal Highway Administration (FHWA) o State Departments of Transportation o Local (County or City) Department s of Transportation o Private Roadway Designers and Engineers o Roadway General Contractors o Various Sub-contractors and Vendors

Why is This Player (PRP) Important to the Roadway Construction Project? o Federal Highway Administration (FHWA) - May Have Provided Federal Funding - May Have Provided QA/QC Guidance - May Have Provided Direct Design Guidance

Why is This Player (PRP) Important to the Roadway Construction Project? o State Department s of Transportation: - Probably the Designer of Interstate Highways and State Routes (Third Party Engineering Firms are Sometimes Used) - Usually Considered the Owner in Contracts Involving Interstate Highways and State Routes - Develops Roadway Construction Specifications (Specs) - Provides Standard Construction Details (Industry Standards) - Usually Contracts Directly with the Roadway Contractor on Interstate Highways and State Routes - Usually Provides Inspection Services on Interstate Highways and State Routes - State Laboratories Provide the Quality Assurance

Why is This Player (PRP) Important to the Roadway Construction Project? o Local (County or City Departments of Transportation): - Usually Considered the Owner in Contracts Involving Local Routes - Usually Hires Private Engineering Firms for Roadway Planning, Design, Construction Management, and Inspection - Will Perform Inspection Services on Some Roadway Projects - Usually Contracts Directly with the Roadway Contractor on Local Routes - Relies on State Laboratories to Provide the Quality Assurance

Why is This Player (PRP) Important to the Roadway Construction Project? o Private Roadway Designers and Engineers: - Hired by the Owner (Sometimes) to Design the Roadway - Hired by the Owner (Sometimes) to Prepare the Construction Plans and Specs for the Bidding Process - Hired by the Owner (Sometimes) to Provide Construction Management and Inspection Services During Construction - Hired by the Owner (Sometimes) to Maintain Change Orders, Addendums, and Amendments to Construction Plans - Usually Contracts Directly with the Owner - Works with State Laboratories to Provide the Quality Assurance (Sometimes Provides Both QC and QA)

Why is This Player (PRP) Important to the Roadway Construction Project? o Roadway General Contractors: - Contracts Directly with the Owner - Contracts with the Owner to Safely Build the Roadway as Directed by the Construction Plans and Specs - Contracts with the Owner (Sometimes) to Provide Quality Control (QC) as Directed by the Construction Plans and Specs - Contracts with various Sub-contractors that will provide a specific service or specific materials - Works Directly with State and Local DOT s (i.e. Owners), or Representatives (Engineers) - Usually Owns the Area of Roadway Construction Until a Letter of Acceptance is Issued by the Owner - Generates Much Correspondence Between Owner and Others

Why is This Player (PRP) Important to the Roadway Construction Project? o Various Sub-contractors and Vendors: - Usually Contracts Directly with the Roadway General Contractor - Provides Materials and Services Not Created or Performed by Roadway General Contactor - In a QC Role, Performs the Tests and Generates the Reports on Materials Used in Roadway Construction - Provides Material Quantity Tickets Showing Amounts Used

What to Have Your Client Bring to You For Your First Meeting!!! Note: Regardless of where you client is in the hierarchy of a roadway project, they should have these documents: o The complete contract between your client and whoever hired them. o Employee timesheets for time spent on the subject project. o All correspondence between your client and whoever hired them. o Any formal drawings, specifications, quantity sheets, napkins, or anything given to your client to develop their bid. These documents should help you start preparing your list of PRP s!!!

What to immediately ask from a PRP in your Request For Documents Note: This is a partial list of the most common documents generated from a roadway construction project. This list is not all inclusive. The documents you need will depend on where your client is in the hierarchy. You may need more. You may need less. Unless otherwise noted, these requests refer to Roadway Project: MDOT Project #AB-1234(CDEF) Balooga County 1. Copies of all construction contract documents: o All (i.e. complete) construction plans and drawings generated by the MDOT or by others working for, or on the behalf of the MDOT. These construction plans and drawings shall include those produced for bidding purposes, and those relevant when the winning bidder of this project was given the Notice to Proceed. In addition, provide all construction plans and drawings (continued)

o o What to immediately ask from a PRP in your request for documents (resuming) that include all addendums, additions, deletions and corrections through the Final Acceptance of the subject roadway project. Copy of a complete set of Construction Specifications. In addition to the applicable edition of the MDOT Standard Specifications Construction of Roads and Bridges (hereafter referred to as Specifications), provide all supplements, addendums, additions, deletions and corrections to ALL sections of the Specifications. Copies of any and all contracts between the MDOT and any and all engineering/design firms used for the production of the construction plans and drawings. (continued)

What to immediately ask from a prp in your request for documents o o (resuming) Copies of any and all contracts between the MDOT and any and all contractors for the subject project. Any and all documents referred by the MDOT as construction contract documents not specifically referred to here. 2. Any and all correspondence between the MDOT and any entity involved with the subject project. This shall include, but shall not be limited to, all letters, e-mails, prints of text messages, or other means of communication. (continued)

What to immediately ask from a PRP in your request for documents (resuming) 3. Copies of any and all photographs created or received by the MDOT regarding the subject Project. This shall include, but shall not be limited to photographs created digitally, chemically, or by any other means. 4. Copies of any and all videos created or received by the MDOT regarding the subject Project. This shall include, but shall not be limited to videos created digitally, or by any other means. 5. Names of all Inspectors either working for the MDOT or on the behalf of the MDOT. (continued)

What to immediately ask from a PRP in your request for documents (resuming) 6. Names of all Inspectors working for any party known to the MDOT that were involved with the subject road project. 7. Copies of any and all daily, weekly, or monthly diaries, notebooks, journals, or workbooks generated by MDOT inspectors or by any party involved with this project. 8. Copies of any and all daily, weekly, or monthly diaries, notebooks, journals, or workbooks generated by MDOT Project Managers, Superintendants, Division Managers or by anyone in a MDOT managerial position produced during the time the Notice to Proceed (continued)

What to immediately ask from a PRP in your request for documents (resuming) was issued and the Final Acceptance was issued for the subject project. 9. A copy of the Project Design Data (PDD) Book for the subject project. (Note: The PDD provides all the design criteria (traffic counts, design speed of roadway, drainage parameters, etc ) used by the engineer to design the roadway.)

Case Study #4: Too Many Teenagers Not Enough Seatbelts oteenage Driver Allows 12 Teenagers Into 8 Passenger SUV oloud Music/Fogged Windshield Distracts Teenage Driver osuv Leaves Newly Constructed Roadway Rolls Over othree Unbelted Teenagers Killed Parents Sue Contractor ocontractor s Insurance Company Hires Author oevidence Indicates Proper Road Construction in Every Way oall Lawsuits Settle

Your initial inspection reveals that the condition of the road is the suspected cause of the incident. Was the condition created by your Insured? If not, is subrogation a possibility? Which Player(s) Only a proper examination and testing can determine the answer.

Case Study #5: Problems in the Tall Grass ofour Lane Divided Highway. Design Speed = 45 MPH

Case Study #5: Problems in the Tall Grass

Case Study #5: Problems in the Tall Grass ofour Lane Divided Highway. Design Speed = 45 MPH ohilly Terrain. Vertical Curves Built to Design Speed

Case Study #5: Problems in the Tall Grass

Case Study #5: Problems in the Tall Grass ofour Lane Divided Highway. Design Speed = 45 MPH ohilly Terrain. Vertical Curves Built to Design Speed olater State DOT Sets Speed Limit for Highway at 55 MPH ohistory of Incidents at Intersection ograssy Median with Grass at 3 Feet Tall. Six Inches Allowable ocar w/ Four Teenagers Turns Left In Front of Speeding State Patrolman.

Case Study #5: Problems in the Tall Grass

Time is of the Essence!!! It is my experience that most legal and insurance professionals do not understand the importance of having an Engineer investigate a roadway incident immediately after it occurs. Most Investigators, who are probably former law enforcement, are excellent in gathering Big Picture evidence. However, they most likely have never designed a roadway so they have few clues as to what to look for with regards to a defect in the design or construction of the roadway.

Time is of the Essence!!! Also, road Owners have been known to replace pavements, change the signage, cut foliage, and do other things immediately after a major roadway incident occurred. Think about this what is a few thousand dollars for an Engineer to immediately look at the roadway incident scene when your client may be on the hook for millions?

Thank you for your time!!! Richard A. Rice, PE Mutual Engineering, Inc. - MEI mutual@bellsouth.net 404.395.7441 www.mutualengineering.com Join the email list for: Omnia Forensis Ingenariae Text MEI to 42828