Law firm representing victim of I-695 crash spotlights lack of protection at site

Following the release of an initial report Thursday by the National Transportation Safety Board about last year’s fatal I-695 crash, a law firm representing one of the victims says the accident was preventable.

At a Friday news conference, Michael Belsky, a partner at the Maryland-based Schlachman, Belsky, Weiner & Davey, P.A. law firm, called attention to two tragedies taking place almost exactly a year apart that each claimed six lives: the Baltimore Beltway crash and the Key Bridge collapse.

“Over the last year, our common communities in Baltimore have become all too aware of the danger that we place roadside workers in every day to help better our lives. This is true of bridges. This is true on highways,” Belsky said. “There are often simple safety measures that can be utilized to protect our workers. This NTSB report relative to the 695 crash reflects what happens when those in charge fail to take the most simple measures to protect these workers.”

In March 2023, six construction workers were killed around lunchtime while in a work zone along the Baltimore Beltway in Woodlawn. The five Concrete General workers and one construction inspector were struck by an Acura TLX that collided with a Volkswagen Jetta, sending the Acura into a gap in the concrete barriers meant to protect the work zone from highway traffic. The report notes that the opening was “one of many spaced at regular intervals designed to allow construction vehicles to enter and exit the work zone.”

Both cars were traveling at over 100 miles per hour, around double the posted speed limit, according to the report.

About a year after the crash, Melachi Duane Darnell Brown, one of the two drivers involved, was sentenced to 18 months in prison after pleading guilty to six counts of negligent vehicular manslaughter. That sentence was reduced from 60 years following a plea agreement.

The driver of the Acura, Lisa Adrienne Lea, drove into Brown’s Volkswagen while attempting to change lanes. She’s scheduled to appear in Baltimore County Circuit Court May 8, according to past reporting.

But Belsky said Friday his clients want more than just the drivers held accountable. He represents the family of Sybil DiMaggio, a married “outdoorsy” woman who loved the rock band 311 and was one of the crash’s six victims.

“This accident should never have happened,” Belsky said. “There was a ‘protection vehicle’ … that was used to ‘protect the workers.’ This vehicle, however, had been moved and was parked and unattended in a place that did no good to the workers.

“Had the truck been where it was supposed to be, this couldn’t have happened,” he added.

Belsky was referencing a truck-mounted attenuator (TMA) protection vehicle, which according to the NTSB report was “parked within the work zone at the downstream side of the barrier opening.”

TMA vehicles are used in projects for temporary lane or shoulder closures and are required when opening or closing a lane on highways with posted speed limits of 55 miles per hour or above.

“CGI [Concrete General, Inc.] reported that on the day of the crash after one of its flatbed trucks became disabled the TMA vehicle was being temporarily used as a delivery truck for materials from the laydown yard,” the report reads. “At the time of the crash, it was parked and unattended.”

Belsky also raised concerns about the fact that a “Shoulder Closed” sign meant to warn drivers ahead of the work zone area had been toppled and not yet replaced and that there had been other accidents in the same spot, “which highlighted the importance of taking simple measures like reducing the speed limit or shutting down the left lane of travel,” Belsky said.

In an emailed statement, the NTSB said the report released Thursday represent the facts it has gathered so far and declined to comment on any potential causes of the crash, citing the ongoing investigation.

“Our final report will include analysis of this information and determine a probable cause and make recommendations to prevent this accident from happening again,” the NTSB said.

Final reports can take up to two years from the beginning of an investigation, the NTSB noted.

Belsky said he is “digesting” the NTSB report and discussing next steps with his clients, though there is no lawsuit “at this point.” He said the firm is doing a “parallel” investigation, which involves filing Freedom of Information Act requests, reviewing documents and consulting experts to piece together what happened.

“I believe the NTSB report reflects that those in charge chose savings over safety,” Belsky said.