Several points to make. First off, there is a website set up by the victims of the bridge collapse. I am somewhat cynical of these for several reasons. First off they are typically designed with the help of the “ambulance chaser” lawyers and you can see the manipulative Public Relations. I don’t remember the name of it now but maybe a decade ago there was that 7474 Jumbo jet bound for Europe that exploded in the air just after takeoff. There were many highly stylized and obviously posed pictures of the deceased “symbolically” honoring the deceased. That tends to be called “waiving the bloody shirt”. A quick browse of this site http://www.35wbridge.com/ looks more subdued and tasteful.
Next off, I’ve heard of no mention of the state money being the “loan” with a lien on future settlements with a market interest rate. This would seem reasonable to me. It could be a loan with market interest rates (based on the probability of an eventual settlement with the liability against the settlement, not the person. This could be bid out.
To give a personal example I made a “round trip” on the I-35W bridge three to four times per week (I live near Hiawatha and Lake Street.) so I averaged approximately one one-way trip on the bridge per day. Just a “guesstimate” but I’d say my chance of suffering property damage and/or injury were around 100,000 to 1 based on the daily traffic on the bridge. This is just a guesstimate based on traffic on the bridge.
Let’s say, for starters, I was on there and “totaled” my vehicle. I have a 2005 that they had 11K miles and a 1993 4 x 4 that had 155K miles. At leat in the short run the loss of the 1993 would have cost me more because it didn’t have comprehensive insurance. That said, I almost exclusively use the 2005 because it has AC and gets far better mileage than the 1993 4 x 4.
At any rate, I have good insurance and a backup vehicle so I would probably not apply for “hardship grant”. Also, I have savings and That’s fine with me but would someone who got a “hardship grant” end up getting “free money”? As I said, if it is a lien on future settlements that’s fine with me.
On August 01, 2007 I was within four months of early retirement, which I opted for. Had I become injured and disabled I could have used accumulated leave time until planned early retirement at “rule of 90″ which gives a superior pension (age plus years of service equals 90). I had disability insurance but it was moot because it required that I use accumulated leave time first and the disability would have been a bit less than the “rule of 90″ payment. The advantage of disability might be $25 a month, not worth messing around. As for medical insurance, I have good “bridge” insurance for early retirement so this would be tapped had I been injured in the bridge collapse.
The point here is that these victims funds without a repayment from settlements tend to favor disfuction. It’s rather like a disaster hits. You have insurance. your neighbor doesn’t. You don’t have “needs” because you have insurance but your neighbor without insurance does. This doesn’t not encourage the purchase of insurance in the future.
When I was younger I was “living on the edge” at times so I do not begrudge the grants to people who have genuine financial needs. I’ve been there. That is why I would say the lien is on the settlement grant, not the person with market competitive interest rates. I would also have it taken off the top of the settlement before the lawyers get their cut of the settlement for “proving” that the bridge fell and that the victims were on the bridge at the time. This seem “duhh!” not something rating a one-third cut of the lawsuits given to the lawyers.
For the people actually facing hardship I would say getting money after the collapse would be worth it. Note again under my idea, the lien would be against the eventual settlement, not the person. Thus if there is not enough settlement to pay off this lien.
Also, the roads are a “battlefield” where we travel at pretty much our own risk most of the time. Admittedly, those crossing the bridge when it collapsed did nothing wrong but neither does the person hit by an uninsured dryer running a red light. As for the science of bridge inspection this bridge had stood more than forty years surviving many Minnesota weather events. Usually bridges and other structures fail during the construction or the early stress tests. This is like a car with 80K that fails.
The I35W bridge had a fairly high deficiency rating compared to a number of other bridges. To give two examples the Stillwater lift bridge and the Lafayette bridge are rated far worse than the I35W bridge was. The “defensive” thing would be close them, the state would not be liable for traffic delays this would cause but they would be liable if these bridges fall down. Do the math!