Safety devices pose danger

Embedded lane markers can come loose and could damage vehicles or cause serious injury to drivers and passengers

This embedded marker was found several weeks ago along side Highway 72 west in Gravette.
This embedded marker was found several weeks ago along side Highway 72 west in Gravette.

— Imagine you are an unsuspecting motorist driving along a highway when another vehicle, possibly a truck, zips past you. As it whips back into your lane, a large chunk of steel and concrete crashes into your auto.

You are lucky. Only the grill or hood of the car was damaged. That missile could have followed a slightly higher trajectory and smashed into or through your windshield, filling the front seat with shards of glass or possibly careening into you or the person sitting in the passenger seat.

That is the danger from the flying embedded pavement marker. The odds of one of the devices breaking free from the pavement are not great, but they’re not impossible.

Embedded pavement markers, officially called plowable pavement markers, are made of steel. They are secured into the pavement with a cement binding substance. They weigh about five pounds. They also contain a strip of reflective plastic to help motorists navigate lanes.

Occasionally but, fortunately so far, not often, one breaks free from the pavement and becomes that flying missile that can have dangerous consequences.

One of the devices, pictured on this page, was found beside Highway 72, just west of the overpass in Gravette.

According to a story in the June 27 issue of the Arkansas Democrat-Gazette, “The most recent incident involving a marker was June 9 when one of the devices - which was installed on a highway to protect a plastic reflector from a snow-plow’s blades - flipped up and struck a vehicle driving west on Interstate 40 near Alma.”

According to the article, there may be as many as75,000 or more of the markers on highways in the state and highway officials “are now determining what it would cost” to remove them.

Apparently no decision has been made.

The article further stated that the Nebraska Department of Roads in 2008-09 spent $1,467,000 to remove 53,000 markers from highways in that state after one embedded on Interstate 80 came loose and crashed through a van’s windshield, “hitting the driver in the head.”

The injured man received a $1.5 million settlement from the state of Nebraska.

Arkansas’ laws are different from those in Nebraska. Article 5, Section 20, of the Constitution states, “The State of Arkansas shall never be made defendants in any of her courts.”

An Arkansas State Claims Commission created by the General Assembly nowskirts the “state liability” issue and those who believe they have been wronged may take up the issue with that commission if compensation is sought.

According to the ADG article, attorneys are seeking information concerning the liability of the state and how victims who suffer property or personal injury from the devices could be compensated.

An editorial in the Arkansas Democrat-Gazette on July 2 dealing with the topic was headed: “These things have to go ... Let’s not wait for a serious accident.”

The editorial further stated, “These plowable markers have already struck three cars on Arkansashighways in only two years. Thousands of them are still out there, threatening who knows how many drivers ... It is time to follow Nebraska’s lead and remove all these dangers as soon as possible. Yes, such a course would be costly. Doing theright thing can be. But it’s still the right thing to do.”

The editorial does also say, “Happily, the highway department has stoppedembedding the things in our roads.”

The one found in Gravette is one less for the AHD to worry about.

News, Pages 16 on 07/27/2011