Those flimsy plastic poles along I-95’s express lanes are hazardous to our health and safety | Opinion
One of the most vulnerable pieces of our transportation system is the flawed and dangerous interstate highway system, responsible for thousands of catastrophic injuries and deaths each year. South Florida’s portion of I-95 ranks among the most dangerous, deadliest stretches of highway in the nation.
Though we have experienced technological innovations in virtually every corner of society, highways remain largely unchanged from when they were first conceived a century ago.
One change that has emerged is the creation of “express lanes,” which separate general-purpose lanes from high-speed lanes with fewer cars. The stated purpose of an express lane system is to create a faster, more reliable driving trip by paying a toll. Or perhaps the real purpose is simply to generate money. The bottom line is that certain express-lane systems, like the one on I-95 in South Florida, are causing far more danger to drivers than any benefit they provide.
The South Florida I-95 express-lane system uses plastic delineator poles to separate the high-speed from the general-purpose lanes. While the plastic poles are supposed to keep drivers in their respective lanes, we continue to see a system that simply does not work.
Because the poles are made out of flimsy plastic, they are prone to being damaged and completely broken. When this occurs, gaps in between the poles let drivers dangerously move between express lanes and regular lanes. The practice, known as “lane diving,” can cause horrific wrecks at high speeds.
Ask anyone who has spent time driving on I-95 about these delineator poles, and their response will likely be fraught with anger and fear of being cut off by a lane diver. And while lane divers are indeed careless, the underlying system both allows and incentivizes this dangerous behavior.
Initially, delineator poles in South Florida were spaced 20 feet apart. When a pole went down, it would create a 40-foot gap, making lane diving an easy feat. Recognizing the problem, the Florida Department of Transportation moved the delineator poles 10-feet apart in certain areas and 5-feet apart in others. Placing the poles 5-feet apart actually proved to be safer because it reduced lane diving by 90 percent, plus or minus. Shockingly, the FDOT has not adopted the 5-feet spacing plan everywhere, thereby still allowing for the creation of large gaps between poles when one or more go down.
The simple truth – is that it is not possible to keep drivers safe under the current system because the second a delineator pole goes down (and it happens frequently), a large gap is created inviting lane diving.
Holding Wrongdoers Accountable
While the FDOT is responsible for maintaining the highway system, others also share in that responsibility. The FDOT often contracts with third-party contractors to handle maintenance and repairs. These companies must likewise be held accountable when a catastrophic event occurs.
Our firm has pursued multiple cases involving wrecks that result from lane diving. Recently, we obtained a $12.26 million settlement in a case involving a wreck on I-95 due to a lane diver causing a horrific collision. The wreck caused our client to suffer life-altering injuries, including a traumatic brain injury. As a result of the crash, he will never fulfill his dream of being an Air Rescue Medic.
This case is one of many entirely preventable wrecks caused by dangerous systems on our highways. So long as the current express lane system remains, motorists will continue to be in danger. Certainly, drivers should resist the temptation of illegally lane diving – even when traffic backups seem endless. But, more importantly, the motorists and citizens of South Florida deserve a safer system. And, if you are going to charge hefty toll prices for such express lane systems, then you ought to make certain a safe system is provided to all of us who use it. Safety must come before profits.
Stuart Weissman is a partner at Miami-based trial firm Ratzan Weissman & Boldt.
