CLEVELAND — The family of 46-year-old Freddy Thomas Bouchelle is demanding a full investigation by Cleveland Police and the Ohio Department of Transportation following a Nov. 1 crash that claimed Bouchelle's life.
Police say Bouchelle was killed after he veered off of Interstate 71 northbound at the West 130 Street exit after hitting a 200-foot section of guardrail that plowed through the interior of his car.
ODOT confirmed the guardrail end terminal involved in the crash was the "ET Plus" manufactured by Texas-based Trinity Industries.
Sean Kane, President of Safety Research Strategies, a Massachusetts firm that investigates motor vehicle and product safety, told News 5 guardrail systems are designed to peel away, or retract on impact. But, Cleveland police report that the "peel away" method did not happen in this case, causing the guardrail to pierce its way through Bouchelle's vehicle.
Kane told News 5 the ET Plus system has been the subject of litigation and controversy for more than a decade. Kane said the fatal crash raises plenty of serious questions.
“Don’t recall ever seeing this where we see 190-plus feet of guardrail intruding through the vehicle," Kane said. “There was absolutely no energy reduction, that internal failed entirely. Is it a design related issue, is it an installation related matter, is it some damage that was done that hadn’t been repaired, or repaired improperly. These are questions that need to be answered here," he said.
“There’s been massive amounts of litigation, documents about it, the problems associated with ET Plus, and what Trinity did with the ET Plus," Kane added.
Amy Vitelli of Amherst knows about the hazards surrounding guardrail crashes first hand, after her Ford Edge struck an I-71 guardrail back in Nov. 2012, with more 50-feet of the rail plowing through her vehicles interior. Vitelli sustained severe injuries that took 10 months to heal. Following her crash, Vitelli said she asked ODOT to review the safety of all Ohio guardrail systems, including the ET-Plus end terminal, hoping the agency would replace the controversial system.
“We’ve been told at least the last nine years that I know that these were going to be replaced," Vitelli said. “Heartbreak, I really feel for that family, I can’t imagine what they’re going through right now. It was such a shocking image when you see that guardrail through a car. If there is a way to avoid having really tragic accidents like what we just saw, they need to replace these.”
ODOT responded immediately to our story and told News 5 the ET-Plus end terminal has been found safe in testing by the Federal Highway Administration, even though it paused the purchase and installation of the system in 2014 due to questions about safety.
ODOT issued the following statement:
ODOT did temporarily pause the purchase and installation of these systems in 2014 after the federal government ordered more testing on them. Extensive testing eventually lead to ODOT continuing to utilize the product until it was no longer manufactured.
ODOT removed the ET-Plus from the Approved Products List on November 4, 2014. After the federal government concluded that the ET-Plus met the appropriate test criteria, ODOT resumed use on January 12, 2016.
All guardrail and end terminal vendors must have their products tested at a federally approved facility. Those tests are then reviewed by the Federal Highway Administration and receive an eligibility letter. ODOT only uses guardrails and end terminals that have been reviewed and approved by FHWA.
ODOT confirmed there are still 13,962 ET Plus units on ODOT’s system and are in use, but that ODOT now has begun a proactive inspection of each one of those units across the state. ODOT added that since parts are no longer available, damaged units will be replaced with a different model.
News 5 reached out to Trinity Industries headquarters and it responded quickly about the safety of the ET Plus through company spokesperson Jeff Eller, who issued the following statement:
“The ET Plus is the most tested highway safety product of its kind. The Federal Highway Administration continuously approved the product for use and has repeatedly confirmed that the ET Plus meets all applicable safety performance criteria. Trinity stands by the ET Plus, but at this time, it would not be appropriate to comment regarding an ongoing crash investigation.”
Cleveland police have yet to release an official report on the crash involving Bouchelle.
Meanwhile, Vitelli hopes ODOT will work diligently to continue to improve Ohio's guardrail systems across the state.
“We’re all driving on these same roads, and if it’s not us on the roads, it’s our loved ones on the roads, Vitelli said. “They’ve seen that they can be dangerous and if there’s safe options out there then replace those.”
