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Accident Victims File Claims Against Washington State Department of Transportation

May 13, 2008 by Mike Nelson

Accident Victims File Claims Against Washington State Department of Transportation Claims point to inadequate barriers along perilous section of I-5

OLYMPIA – Bothell family yesterday filed claims against the state, stating that an inadequate cable barrier system used in a stretch of Interstate 5 near Marysville contributed to the death of 18-year-old Marijke Holschen and severely injured the other passengers.

The stretch of highway using the cable barrier has been the site of a number of deadly accidents in recent years, with the most recent fatality occurring May 30, 2005.

Mike Nelson, a partner at Nelson Langer Engle and an attorney for the Holschens, said the state knew that cable barriers were inadequate, but did not correct the problem.

“Previous accidents in the area demonstrated that cable barriers were, and continue to be, ineffective for highways such as this section of I-5,” said Nelson. “Despite this knowledge, the Department of Transportation chose to keep the faulty barrier system in place.”

The history alludes to seven crossover accidents in the past several years, including a recent collision that killed three individuals. Attorneys for the family said these accidents are proof that the current barriers are dangerous for innocent motorists.

The Holschen’s attorneys also point to independent research from the American Association of State Highway Transportation Officials, Advocates for Highway and Auto Safety, and other organizations that have strongly advocated for the use of concrete barriers over cable barrier systems for highways like this stretch of I-5.

“We have extensive research from a variety of sources concluding that cable barriers are problematic and should be replaced with concrete barriers or a double barrier system,” said Mike Nelson. “The empirical evidence these accidents and studies provide is compelling, proving time and again that cable barriers are just not enough.”

The Holschens said that they are filing the claims for more than personal restitution. They hope that their daughter’s death and the claims will spur the state to implement concrete barriers where the accident occurred.

“Martha did nothing to cause this accident. The Department of Transportation has a duty to protect Washingtonians and other drivers by building and maintaining the safest roads possible,” said John Holschen, whose children and wife Martha were in the accident. “Though it’s too late for Marijke, we hope the state will do the right thing protect its innocent citizens.”

Filing the claims is the first step toward a lawsuit against the Department of Transportation. It is the first claim of this nature regarding the state’s use of these barriers.