Connecticut Gov. M. Jodi Rell has directed the state Departments of Transportation, Environmental Protection and Public Safety to initiate action to recover all costs related to the tanker crash on I-84 in Middlebury on Feb. 12 that shut down the highway for 14 hours while response and remediation crews worked to clean and reopen the site. In addition, Gov. Rell directed the three state agencies to develop consistent and uniform policies and procedures to recover costs in such instances and to determine if legislative changes are required. The state currently has a number of statutory remedies for recovering significant costs and damages associated with accidents such as Middlebury crash. The accident occurred when the operator of a tanker owned by Linde Gas of Murray Hill, N.J. reportedly fell asleep at the wheel and the tanker, which carried 25,000 pounds of hydrogen compressed gas, toppled onto the median and plunged down an embankment. “Tens of thousands of motorists were inconvenienced, delayed and detoured by this crash, which also forced people within a half-mile radius to evacuate from their homes for much of the day and put first responders at risk,” Gov. Rell said. “At the very least, our taxpayers should absolutely not be on the hook because a trucker carrying hazardous and potentially explosive cargo fell asleep at the wheel. “I want the three agencies to develop consistent policies to assure that a maximum recovery from responsible parties can be achieved,” Gov. Rell said. “That includes not only truckers, but also private motor vehicle operators whose negligence – whether deliberate or not – causes accidents that incur costs related to property damage, infrastructure damage, reconstruction costs and personnel costs. I am not talking about someone who is unfortunate enough to be involved in an automobile accident, but rather anyone who engages in reckless, negligent or dangerous driving.” The Governor also directed the state agencies to examine whether current statutory remedies in these circumstances are adequate to make the state whole and punish any negligent or willful wrongdoers. She also directed them to ensure that penalties and fines in place are sufficient to deter any conduct that impinges on public safety on our highways. While there are current statutes in place that address cost recovery, these vary by state agency.
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