The March 26th accident in Hart County, Kentucky is the second worst traffic accident in Kentucky history.  The worse occurred on May 14, 1988, when 27 people were killed in a bus crash caused by a drunk driver outside Carrollton, Kentucky. I was a young prosecutor at the time and was horrified by the accident. I still get a chill every time I drive pass the memorial sign on I-71.

       I would describe The Munfordville truck accident in the same one word: “horrific.” A semi truck traveling south in the early morning hours crossed the median, went through the cable barriers into the oncoming traffic and hit a van head on killing 10 of its passengers  The driver of the truck was also killed.  Several families and communities suffered great losses that morning. My heart goes out to them.

       The 10 people in the van were traveling from Marrowbone, Kentucky to Iowa for a wedding.  They were members of the Mennonite faith. As the grieving process continues with family, loved ones and communities touched by this tragedy are looking for an explanation as to why and how this happened.

       There have been some answers from this ongoing investigation of The National Transportation and Safety Board, who are investigating the crash.  The cable barriers were found to be properly installed and up to safety standards. Unfortunately there is little that can stop a truck loaded with auto parts. We know that there were no skid marks on the roadway. We can only guess as to why the driver of the tractor trailer did not brake.

       Information from The Federal Motor Carrier Safety Administration has identified the trucking company from Alabama involved in the accident as Hester. Hester has had a poor safety rating from federal regulators and repeatedly failed roadside inspections.  The FMCSA gave Hester a rating of 88.4 based on a review of inspection in February.  The scoring range goes from 1-100, 100 being the worst score. Any score of 75 or more is considered deficient.

       The truck involved in this tragedy had been cited with problems ranging from lights, brakes, and emergency equipment.  These problems were identified in six roadside inspections since 2008.  There have not been any citations issued in 2009 or so far in 2010.

       A spokesman for the American Trucking Association said that based on the safety score the trucking company should not have been in operation. I will look with interest as the NTSB goes through their investigation. What will the driver’s log show? Was the vehicle in proper working order? Was there brake failure?  These are questions that any truck accident attorney would be interested in pursuing a wrongful death claim, as well as family and friends who are looking for answers. Although there is nothing that can be done to reverse this tragedy I hope the parties who are responsible will be held accountable. Based on the track record of Hester there is a good chance this accident could have been avoided.

The first time I saw the cable barriers as I was driving down I-64 my only thought was that they were absolutely hideous. I admit that I was skeptical about how effective the cable barriers would be. I wasn’t sure they would stop any accidents that concrete barriers wouldn’t stop. Would the cable carriers really prevent a cross over accident? Would there be problems with emergency vehicles getting to the accident scene because they couldn’t get through the median? I had questions but I was wrong.

There are now 51 miles of cable barriers in Jefferson County, Kentucky at a cost of $130,000.00 per mile. From 2006 until August of this year these barriers have been hit 609 times. These barriers cover all of I-265 and I-64 from downtown to the Watterson. There are also barriers in Bullitt County as well as Floyd and Clark Counties in Indiana. Law enforcement officer estimate that the barriers have saved 100s of lives.

The cable barriers have several benefits over concrete barriers:

·         They are significantly less expensive at $130,000.00 per mile as compared to $400,000.00 per mile for concrete barriers.

·         Cars that hit the barriers often get stuck between the cables and do not rebound back into traffic.

·         They absorb the energy of impact helping to minimize the severity of some injuries.

There are those that believe that all Kentucky interstates should be built with cable barriers. What do you think? If they save lives I am for it. There are plans for additional cable barriers in Kentucky, but unfortunately there is no money allocated for the Louisville Metro area.

There are groups who oppose cable barriers, such as most motorcyclists. Jay Huber, the president of the Kentucky Motorcycle Association/Kentucky Bikers Association, calls the cable barriers “a cheese slicer”. This is something I hadn’t considered. How would a barrier made of cables stop an out of control motorcycle? I can see that these barriers are potentially dangerous and deadly to the rider causing deadly motorcycle accidents.

Huber believes that the installation of nylon straps or mesh over the cables would reduce this danger. There is opposition to this addition. The stance against this safety measure is the additional cost of installation. Additionally there have been no motorcyclists seriously injured or killed due to striking the cable barriers. We spend enough money on foolish endeavors. Let’s make sure that the cable barriers are safe for everyone.

Another problem according to the Kentucky State Police is that the barriers prolong emergency vehicle response time. This doesn’t occur very often, but vehicles have had to travel an extra two to three miles to find a cut through to get to the accident scene.

I played golf last month with one of the supervisors of a construction crew that was installing cable barriers in southern Indiana. I asked him why they were not putting gaps every ¼ of a mile or so. He gave me two reasons:

1.       The cost would be higher.

2.       An out of control car would get through the gap and cross over into oncoming traffic.

I don’t believe that additional cost should be a consideration if the gaps put in would allow a quicker response by emergency vehicles and save even one life. I wonder how muck it would cost? My guess is not as much as the total cost of the concrete barriers. As to getting through the cross over gaps, I did not believe his answer. It seemed like a bunch of bull. If you make the gaps parallel to the highway and have overlapping sections for the gaps that are maybe 50 to 100 feet long an out of control car would not be able to cross over. There is just no way for it to get through.

The bottom line is that cable barriers have saved lives and will save more lives. Let’s make them better to make sure additional lives are saved.