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Cal Trans Socked for $5.9M

Improper Rail Installation Led to Severe Injuries in Crash

Feb. 4th, 2002 Randy Stewart

From: "California Jury Verdicts Weekly" Vol. 1 Issue 5

An Alameda County jury awarded $5.9 million to a 47 year-old unemployed women whose leg was amputated after her vehicle went off the roadway and crashed into a guardrail over Castro Valley Boulevard.

Facts: On June 26th, 1998 Sabrina Bauman was driving a Datsun 280Z on the on-ramp to Interstate 580 from Foothill Boulevard. As she was driving, a cup of hot chocolate spilled, causing her to drive off the on left side of the on-ramp. As she tried to re enter the roadway, she was looking over her right shoulder when she struck a guardrail on the bridge that crosses over the boulevard.

She claimed that the guardrail speared through her vehicle, smashing her left foot and cutting off her right leg. She argued that had the guardrail been properly installed, she would have been involved only in a minor non injury collision. The plaintiff's counsel determined that the guardrail she struck had been improperly installed in or about 1989. In 1980 , the Federal Government had complained to the director of the California State Department of Transportation (Cal Trans) about the same deficiencies as those in this guardrail, the plaintiff reported. Cal Trans countered the plaintiff's claims by maintaining that the guardrail was properly installed. It also claimed that the plaintiff would have suffered the same injuries regardless of the guardrail installation because of the way she allegedly struck the rail.

Injuries: The plaintiff's right leg was cut off at the knee. At the hospital, her stump was amputated at the mid-thigh due to the severe damage to the bones and muscles.

Verdict: The jury found that Cal Trans was 100% at fault for the plaintiff's injuries. The defendants have filed a motion for a new trial.

3/2/02 Update: Cal Trans has lost there motion for a new trial and it appears it will be difficult for them to overcome this.

They just covered this on inside edition.

2/20/03: According to AASHTO, The average U.S. crash rate remains unchanged. One out of every 84 born today will die violently in a motor vehicle crash. Six out of every 10 children will be injured in a highway crash over a lifetime, many of them more than once

About 42,000 people are killed and an additional three million are injured in a motor vehicle crash each year.

The NHTSA research budget gets 58 billion dollars per year while the National Institute of Dental and Craniofacial Research gets 289 million-while motor vehicle crashes are the forth leading cause of death.

This chart represents the dangers of the killer guardrails. With over 47,000 people killed on U.S. highways in 1998 and 10% killed on guardrails.

Crime Clock:

Murder

Every 31 Minutes

Aggravated Assault

Every 32 Seconds

1 Violent Crime

Every 20 Seconds

Property Crime

Every 3 Seconds

Crime

Every 3 Seconds

Crash Clock:

Highway Fatality

Every 13 Minutes

Injury

Every 16 Seconds

Property Damage

Every 7 Seconds

Crash

Every 5 Seconds

KDOT has let a Slotted Rail Terminal be installed on 50 highway in new construction when KDOT has adopted the ET-20000 safer terminal. Why would KDOT go backwards in Highway Safety? They still have the bullnose terminals on 69 bypass that do now meet any standards. 9/13/99

Memorandum:

Due to the overwhelming request for the September 29, 1994 memorandum signed by Dean Carlson we have decided to put it on the web for easy downloading. This will show everyone what Governor Bill Graves is not doing in Kansas to make the highways safe and what several other States are not doing to meet the memorandum. Click here to read or download memorandum: We have heard they may be saying that Dean Carlson signed the memorandum without consent from the Sec. of Transportation. We have a letter from the Rodney Slater thanking us for helping get the memorandum signed. If you need a copy please email us.

November 19, 1999 from Kansas City Star:

Legislative leaders are cautious about using expected extra dollars from the state's highway fund to help alleviate state government's budget crunch.

Duane Goossen, budget director, said he thinks the highway plan will generate more money than originally tought. Estimates of additional highway plan range as high as $475 million over 10 years.

____________________________________________________________________

Believe it or not update: (12/27/98)



This is our pick as the highway blunder for 1998!

This is on a four lane road: I-70 Several like this:

We have an ET-2000 that is installed in the wrong direction and on the other end of guardrail, a bluntend installed with the direction of traffic. This was probably done during construction but why install a safe ET-2000 for people to use a few weeks and leave a killer at the other end for over 30 years? Why not install the good terminal on the end that gets the traffic all the time. How does this make sense?

Slotted Rail terminal installed in 12/98 on I-70 west of Junction City, Kansas. Kansas adopted the ET-2000 and should not be installing this terminal. The slotted rail terminal is more dangerous and should not be used.   We do not know the kill and incap. rate but it will be many times higher than the ET-2000.

Colorado had been installing the Slotted Terminal in all locations. Lets hope they have adopted the safer ET-2000. If any one in Colorado reads this please check it out for us.

Governor Of Kansas-- Don't put anymore people in this position. Stop the killing!! Bluntend guardrails have been outdated for over 30 years. In 1996, KS had 4866 bluntend terminals. Governor please make the guardrails in Kansas legal.

Governor and KDOT please give us a Brake!!!! Kansas is giving millions of dollars in tax cuts and still is one of the worst States in the U.S. when it comes to roadside safety.
Rumble Strips
Rumble strips have been shown to reduce crashes up to 70%, yet many states do not install rumble strips. There was a crash recently at I-435 and Roe in Overland Park, KS where rumble strips would most likely have saved John and Sara’s lives. Rumble strips are a cheap way to save lives. One Secretary of Transportation told us that people do not run off the road in metropolitan areas. It is too bad John and Sara above are not around to answer this comment. Maybe someday we will have leaders that understand what it is like to lose loved ones with substandard engineering.

Roadside Drop off Kills
The maximum legal drop off from the shoulder of the road is 6 inches down and 12 inches out from the edge of shoulder. If there is too large a drop off on the shoulder it makes almost impossible for the vehicle to recover.

Poor Design Kills (Still exists on Dec.17, 1998)
Some states are installing guardrails that do not meet any standards. We have seen bullnose guardrails installed in 1997 on the NHS that do not meet any standards. Example 69 highway in Overland Park, KS. (see picture) The bullnose above has steel I-beams and will not cushion the crash. A crash on this bullnose could create more that 20 G's of force on the occupants of a vehicle. We anticipate these guardrails will kill or injure several people. There are attenuating bullnose terminals available, why are the states installing substandard bullnose terminals? Do the engineers care about the people? The FHWA has been informed that these guardrails do not meet any standards and they have not made KDOT remove them. We have asked for proof that these terminals have passed current crash test standards and have received nothing. In our opinion these installations are not legal. KDOT needs to put a concrete barrier down the middle of this road to keep cars from crossing over and get rid of the bullnose terminals that are installed now. KDOT and FHWA we beg you not to kill or injure anyone on these substandard bullnose terminals. 9/3/98 1/15/98 the guardrails are still up and no hazard markers. We have a letter into Mr. Gieger and Mr. Alba with the FHWA and when we get their response we will post it.(It has been about 3 weeks so should have their response any day now) Lets hope they respond before anyone gets hurt on them. Update: We were told today by the FHWA that this was KDOT's design at the time. We were told that they have now changed the design to meet current standards. We didn't get anything to show that they had passed the crash test standards when they were installed. In our opinion these guardrails would not pass any crash test. When they send us the crash tests we will let you know.

Safety Alert!!!! It is now Dec.17,1998 and the FHWA has still not made KDOT remove the illegal bullnose installations above. When we get ice on the road someone will most likely get hurt or killed on these bad installations. The FHWA was notified while these bullnose were under construction and they did nothing to stop the installations.

150 highway in Overland Park, Leawood, & Olathe, KS.
The law says that they must have a breakaway light post, yet they are planting large trees in front of the posts. A 3-4 inch tree can kill the occupants in the vehicle. We have written the three cities telling them they were going to kill someone and they install large trees anyway. I guess the main thing is to have a pretty road and to heck with the people. As of 9/3/98 they are still planting more trees on several city roads.

Hole marker on Ironhorse Golf Course in Leawood, KS.

They have installed very heavy stones with only a couple of small stones behind them to hold it. We notified the city of Leawood, Ks that these could fall and kill or injure children playing on them.

Kansas Turnpike: 1/8/99

We were told by Mr. Fogo that they would replace the turndown guardrails with new construction and repaving. The turnpike has repaved several miles of roads and have left the turndown guardrails in place. We beg the turnpike to replace these outdated guardrails. According to Texas Trans. Institute there have been close to 1000 accidents on the new ET-2000 and no deaths. Mr. Johnson please give us a brake and make the turnpike safer. The present turndown guardrails on the turnpike have a 15-20% kill and incapacitating rate.

Governor remember that: "The bitterness of poor design lasts forever after the sweetness of cheapness is gone"

If anyone has proof that any information on the web site is incorrect, please send it to us and the corrections will be made as soon as possible.

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Citizens For Roadside Safety
3300 Robinson Pike Road
Grandview, MO 64030
President: Galen Bird
Roadsafety@kc.rr.com