Every time Makaha resident Maralyn Kurshals passes the makeshift memorials along Farrington Highway marking the spots where people have perished in crashes on the Wai'anae Coast, she's reminded of the senseless loss of life.

Sometimes, she realizes, the reckless behavior of drivers was the cause. But Kurshals also believes the state has responsibility in some accidents, given the dangerous road conditions that have persisted on the coast for years.

Now she's even more upset about the state's role, knowing that it severely limits access to crash data that are public and that, in the hands of independent researchers, could lead to safer roadways.

"What the state is doing is putting more lives in jeopardy," she said. "They're being negligent."

Alvin Takeshita, state traffic engineer for the Department of Transportation, which compiles the crash data, defended his agency, saying it has been responsible in ensuring the safety of Hawai'i's roadways and is working to upgrade its data system.

Kurshals' comments echo those of legislators, safety advocates and others who believe the state is putting concerns about losing lawsuits over concerns about public safety and saving lives.

Traffic safety has lately become a major concern on O'ahu because of a slew of pedestrian accidents. Ten pedestrians have lost their lives this year, compared with five during the same period last year.

The transportation agency's practice of blocking or severely restricting access to information on thousands of major traffic accidents in Hawai'i must stop before even more lives needlessly are put at risk, critics of the policy say.

"The government appears from the facts to be more concerned about protecting itself than protecting its citizens," said state Sen. Les Ihara, an advocate for open government.

A WAY AROUND THE LAW?

The state DOT for years has severely limited or blocked access to crash records because of worries that such information would be used in lawsuits against the state.

Even though a federal law prohibits the use of crash data in such lawsuits, lawyers have figured ways around the law, according to transportation officials, and the state consequently has lost cases involving multimillion-dollar judgments.

Asked why the state hasn't challenged those judgments instead of blocking access to data considered public, Takeshita said in a written response to The Advertiser's questions that "the appropriate situation for appeal to higher courts" has not arisen.

But James Krueger, a Maui attorney who has handled numerous lawsuits in which road safety and design have been raised, said the courts have allowed use of crash data because the state repeatedly has failed to show a link to the federal statute.

That law, Krueger said, only applies to data compiled for specific purposes related to federally funded road improvements, and unless the state can demonstrate that connection, the statute doesn't apply.

"It's not a matter of us figuring out a way around the law," he said. "There's usually a missing link. That's where the state falls short almost every time."

Sen. Clayton Hee, head of the Senate's Judiciary Committee, also questioned the state's rationale for not releasing crash data.

"At the end of the day, not providing public information because of the threat of a lawsuit is the wrong reason," Hee said.

Rep. Maile Shimabukuro, whose 45th District (Wai'anae, Makaha, Makua) has been hard hit by accidents, likewise believes the data should be public.

"This type of information is critical to communities when they're trying to fight for their rights," she said.

LINGLE: SAFETY FIRST

In a written statement to The Advertiser, Gov. Linda Lingle stressed that public safety is a priority for her administration.

"I, the attorney general, and the interim director of the Department of Transportation all agree that public safety should come first with regard to the release of certain accident data," Lingle said. "And we do keep public safety in mind."

But Lingle said the administration also has to consider the federal statute that prohibits use of crash data in court actions seeking damages.

"I plan to try to work with the attorney general and the Legislature on this issue to both protect public safety through the release of information and to make certain that (the federal law) is complied with," Lingle said.

Although other states also deal with such liability concerns, many have released crash data to the public or to independent traffic safety researchers. DOT's Takeshita said "liability in all states (is) not similar. Many states have some form of immunity or sovereignty."

The transportation agency's position on crash data appears to defy a 2005 opinion by the Office of Information Practices, which ruled that such data are public. DOT is planning to ask OIP to issue an updated opinion. Until then, it has refused to provide the information, including its annual analysis on high-accident locations throughout the state.

The state uses that analysis to help determine traffic-safety priorities.

"I think people have the right to know what roads are the most hazardous," Ihara said.

The state agency publicly discloses some high-accident locations on a limited basis, but its general policy is to withhold such data — at least until the OIP issues a new opinion.

Ihara, Hee and other legislators said the Legislature can get involved if the state doesn't start releasing crash data to the public, including to traffic safety researchers outside DOT.

RESEARCH HAMPERED

A federal team of experts who came to Hawai'i in October identified the state's failure to release the crash data as perhaps the most glaring of the problems with its traffic records system. The team noted that such restrictions hamper research that can help save lives. Even some divisions within DOT don't have ready access to the data, the team found.

"The limited access has negatively affected the use of safety data in the project development process, the research functions and other areas of the overall safety program," the team representing the National Highway Traffic Safety Administration said in its report.

Team member Leslie Nelson-Taullie, a Colorado State Patrol manager, said agencies in other states often sign agreements with government entities, research groups and other users specifying how and for what purposes the crash data can be released.

Among other things, the experts recommended that the state: