Traffic management systems, such as metering lights, ramp signals and stop signs and lights, have been in use for so many years that drivers now take them for granted. The planned introduction of Advanced Traffic Management Systems (ATMS) will have a profound impact on the driving environment. It will give drivers access to a vast array of real time information about traffic, highway conditions and safety tips that will allow for more efficient travel and improved safety, and permit drivers to respond to dynamic road conditions. Yet, while drivers will have much greater access to information about the roads on which they travel, they will retain full control over their vehicles and, like today, in most accidents will be primarily responsible. Existing tort law consequently will be a minor impediment to the introduction of ATMS, even though, as discussed below, suppliers of information may face exposure under existing tort law claims for negligence, fraud and negligent misrepresentation, and manufacturers and designers of ATMS products may face similar or even broader potential tort liability. In the final analysis, since drivers will remain primarily responsible for the results of their driving, it is unlikely that liability exposure will be great enough to discourage implementation of ATMS. In any event, to the extent liability is imposed, there are a variety of legislative changes to tort law that could drastically diminish any potential tort liability, such as preemption of state law, limitations on tort liability, and mandatory alternative dispute resolution, which will be discussed.


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