By Mark Kaire

The I-95 Express lanes are literally deadly. Ineffective “delineators” — those flimsy orange plastic poles you see falling down like so many pins on a bowling lane — invite collision and abuse. They are obstructive more than instructive, and they do little to divide high-speed traffic from cars driving at more normal speeds.

As a result, Miami now faces a new phenomenon known as lane diving, in which drivers weave between express lanes and regular lanes as though there isn’t any difference in them at all.

It’s a dangerous habit, but one that has become commonplace — all on Miami leaders’ watch. Real people are suffering real injuries. I’ve seen it first-hand. My firm has represented some of these people. These are your neighbors. They could be your family members. They could be you. And all because Miami-Dade County rushed into an Interstate “improvement” project it wasn’t ready for.

The intentions were undoubtedly noble. The state needs revenue. Drivers want to get where they’re going quickly. One might reasonably argue that the fast traffic ought to be divided from the slow and assessed a fee for the privilege of efficiency. But when priorities are ranked, money and speed should never surpass safety. And moreover, if the goal is to divide traffic, division ought to be a keyword.

The I-95 Express lanes in Miami do not provide adequate division, nor have they advanced safety. On the contrary, they’ve introduced a new danger in our community, and our commuters’ lives are at stake.

It’s time to admit that, however, worthwhile the original aspirations might have been, the project hasn’t worked. And now it’s time to fix it.

It’s time for Miami and the State of Florida to own up to its error. It’s time to admit that, however, worthwhile the original aspirations might have been, the project hasn’t worked. And now it’s time to fix it.

I’d like to demonstrate just how dangerous the problem has become by looking at actual numbers. Consider the following, keeping in mind that these all pertain to just a short stretch of road right here in Miami (about 13 miles):

  • In 2014 alone, state troopers made more than 150 arrests for lane diving. That is an especially compelling number when you consider that, by their own admission, officers are increasingly reluctant to enforce the laws on I-95 because the traffic conditions are so dangerous there. They fear for their own lives. It is likely, then, that these 150 arrests represent only a very small portion of the amount of lane diving that actually occurs.
  • There have been more than 17,500 crashes on this specific stretch of I-95 between 2005 and 2014. That is an astounding total. No 13 miles of asphalt should be that dangerous.
  • The total number of crashes that have occurred on this section of I-95 has increased over 50% in the past eight years.
  • At least four people have died as a result of lane diving in Miami during just the last few years. Even more have been injured.
  • Crashes are most likely to occur during peak traffic periods (i.e. southbound in the morning rush hours and northbound in the evening rush hours).
  • Fatal crashes are most likely to occur between 10 p.m. and 5 a.m., and are more common when traveling southbound.
  • Serious injuries happen at all times of the day, with incapacitating injuries evenly distributed across the 24-hour driving period.
  • Road crews replace 11% to 15% of the plastic delineators on I-95 every single week. That’s how often cars hit them.
  • Each delineator is replaced between 6 and 8 times per year, on average.
  • When the Express lanes were installed, the average shoulder width shrank by 40%. As WLRN reports, the shoulder along I-95 in Miami is now 7 feet, 11 inches on average (about the size of a single parking space).

Why the I-95 Express Lanes Are Dangerous

Before going further, it’s important to understand exactly why these lanes are dangerous. It isn’t just that they’re fast. Speed is indeed dangerous, but it isn’t the sole source of the problem.

The Express Lane situation is more complicated than that. A number of factors converge to create the danger here, and we can begin with the delineators themselves.

Lightweight as they are, the delineators still stand as obstructions to traffic. Every time a car hits one of these in-the-way wobblers, there is an increased likelihood that the driver will be distracted by the collision and/or lose control of his or her car, thus raising the risk for subsequent or multi-vehicle collision.

The simple fact is that the delineators make it more difficult to drive down I-95. Difficult driving isn’t anyone’s objective, so why did we pursue it?

Photo Credit: Jimmy Baikovicius/ Flickr (CC By 2.0)
Photo Credit: Jimmy Baikovicius/ Flickr (CC By 2.0)

Drivers have historically shown little patience for obstacles, and many simply ignore them. Figuring that they can easily zip between the delineators with little risk of real damage to their own vehicles, many of Miami’s drivers — already known for an occasional proclivity toward recklessness — now pick the lane that suits their interests best in the moment.

“If I see a line at a grocery station that’s faster than the one I’m in, I’m liable to jump over there,” expert traffic analyst Scott Cooner recently told Miami’s WLRN. That same instinct kicks in on I-95.

To be clear: the standard and Express lanes are not intended to be interchangeable. Drivers aren’t supposed to hop between them. But with very little to prevent them from doing so, drivers do it anyway.

The problem with such “lane diving” is that higher-speed traffic is suddenly entering into slower-speed traffic without warning, and vice-versa. Different speeds don’t mix well, and sudden changes in acceleration often lead to unexpected impacts.

Without a Shoulder, Drivers Can’t Shrug Off Their Mistakes

Adding insult to injury (or, as the case may well be here, adding injury to injury), the diminished shoulder width on the Express Lanes leaves little room for error. So not only is driver error more likely on these roads but there is also a small margin for correcting those errors before they cause a crash.

The shoulder size poses other dangers too. Police officers say the small shoulder is the biggest reason they avoid enforcing the laws on I-95. They simply don’t have a safe space for pulling people over anymore.

Pedestrians are vulnerable too.

On March 5, 2011, five people were killed on the shoulder of an I-95 Express lane. They were standing on the side of the road after a series of accidents had forced them out of their cars. Then another vehicle — this one with a drunk driver behind the wheel — entered the Express lane and veered off course, killing all five. It was Miami-Dade County’s deadliest I-95 accident in a decade. And while the drunk driver is to blame, those bystanders might not have been in such peril had the Interstate not been so poorly redesigned.

The Proof Is in the Price Tag

The delineators aren’t just dangerous. They’re expensive too. The Florida Department of Transportation (FDOT) spends more than $1 million on replacing delineators that have been damaged or destroyed by vehicle impact every year.

If you need a sign that something isn’t working, a million-dollar annual repair budget is it. And again, we’re talking about a cumulative total of 13 miles here. That comes to about $77,000 in annual delineator repair-and-replace costs for every mile.

It’s Time for Change

It is not permissible for our leaders to recognize a dangerous condition and then simply do nothing about it.

We here at Kaire & Heffernan, LLC hold irresponsible parties to a basic duty of care every single day — hospitals, storeowners, insurance companies, vehicle and drug manufacturers, and more. We expect the same kind of care from the people who have a responsibility to keep our roads safe.

Our firm has called on county and state leaders to take immediate action to rectify the dangerous situation on Miami’s I-95 Express Lanes. We only hope that more people won’t have to lose their lives before we see real change.

Take a minute to sign our petition for Florida representatives to step up and fix the failed, deadly, and costly I-95 Express Lane.

Mark Kaire is a personal injury lawyer in Miami and a cofounder of Kaire & Heffernan, LLC.

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Cover Photo Credit: Gaspar Torres/ Flickr (CC By 2.0)

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