Lawsuit settlement to change MoDOT policy

A recent lawsuit settlement could make Missouri highways safer.

Dec 9, 2024 - 18:00
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Lawsuit settlement to change MoDOT policy

ST. LOUIS COUNTY, Mo. – A recent lawsuit settlement could make Missouri highways safer.

On Oct. 13, 2021, then 15-year-old Kaylee Yates and two others were pulled to safety after the car she was riding in went off of Highway 367 and off an embankment at Coldwater Creek in north St. Louis County.

"She was actually saved by a bunch of first responders, including her stepfather, who had to go down a 70-foot ravine to save her life," attorney Johnny Simon said.

Yates was getting a ride to school at Marquette High School in Alton, Illinois, when the accident happened. Simon said she suffered multiple severe fractures and was losing a lot of blood.

"The real issues for her injuries was going down a 70-foot ravine. The guardrail at least would've prevented the car from doing that and she would've walked away with minimal or no injuries," he said.

In a lawsuit with the Missouri Department of Transportation’s Highways and Transportation Commission (MHTC), Yates argued the guardrail on the road was "grossly deficient in length." Simon said it should have been 150 feet longer. MHTC denied that claim in court.

MoDOT uses a tool known as a length of need calculator. It is an equation that considers the speed limits and curves of the road to determine how long a guardrail should be. The calculator helps ensure guardrails meet standards set by AASHTO, an organization that assists in setting highway construction guidelines.

Simon said Yates, now 18, would not settle the case without making sure guardrails met safety standards. The settlement proposes a new MHTC policy that requires a licensed engineer to sign off on the length of need analysis of any new or repaired guardrail.

"Luckily, she's here and she's going to do great things and hopefully save lives. That's what she wanted," Simon said.

MoDOT, through a spokesperson, said it had no comment on the settlement.

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