Utility Poles as a Roadside Hazard: The Intersection of Roadway Design and Tort Liability

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In the United States, automobile use is extensive and pervasive. Vehicle accidents are such a common occurrence that they are considered an unavoidable part of normal activity. As a result, there is a legal duty to provide safe roadways that are clear of undue hazards.

Transportation policy and design standards reflect this by recommending the provision of a "clear zone" along the edge of the road. According to the Federal Highway Administration, a clear zone is an "unobstructed, traversable roadside area that allows a driver to stop safely, or regain control of a vehicle that has left the roadway."

Nonetheless, along many public roadways in New England and across the United States, above-ground utility infrastructure is located inappropriately close to vehicular traffic, creating a potential hazard. Impact with utility poles is a major category of vehicular accidents, including a large share of fatal crashes. As such, roadway jurisdictions and utility companies should share responsibility for the damages incurred from these collisions.