State and local transportation agencies increasingly rely on proactive safety analysis to inform roadway design and improvement decisions before crashes occur. However, uncertainty regarding the potential use of proactive safety methodologies, manuals, and guidance in tort litigation has raised concerns about increased exposure to liability.

NCHRP Legal Research Digest 95: Addressing Liability Issues of Proactive Safety Improvements, produced by TRB’s National Cooperative Highway Research Program, examines the legal considerations facing transportation agencies that adopt proactive, data-driven approaches to roadway safety. The digest reviews relevant statutes, case law, and agency practices; identifies litigation in which proactive safety concepts have been raised; evaluates defenses and outcomes; and documents strategies used by transportation agencies to mitigate liability concerns. Based on this analysis, the research explores potential legal, administrative, and policy approaches that may support the use of proactive safety methods while preserving established processes for prioritizing and funding roadway improvements.

This document supports implementation of system-level transportation asset valuation, helping agencies translate asset inventories and condition data into meaningful measures of asset value. The resource provides case studies, worksheets, and outreach materials that demonstrate how agencies can apply asset valuation methods to support financial reporting, communicate infrastructure needs, and evaluate investment strategies.

Practitioners will gain practical guidance on using asset valuation to track system condition trends, demonstrate the impact of funding decisions, and strengthen transportation asset management (TAM) programs. The materials complement the AASHTO Asset Valuation Guide and include tools that help agencies integrate asset valuation concepts into planning, performance management, and investment decision-making.