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TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 72: Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation explores the origins and provisions of 23 U.S.C. ยง 409, Discovery and Admission as Evidence of Certain Reports and Surveys, which prohibits the use, in tort litigation, of highway safety data created for purposes related to safety improvements on roads qualifying for federal safety improvement funding. The digest explores the amendments to the law, development of case law interpreting and applying the law, a 2003 Supreme Court decision, and current interpretation and application issues.
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