Witnesses tell committee bridge-damage bill aims to let counties recover replacement value

The Senate Judiciary Committee adopted an amendment and then approved Senate Bill 417 after witnesses described the destruction of a historic county bridge and the resulting legal and replacement costs.

Mark Fone, who said he was the Yale County judge when the crash occurred, recounted that in January 2019 a tractor-trailer from Bakersfield, California took a wrong turn, traveled onto a marked rural bridge and collapsed the structure. "This bridge was approximately a hundred years old," he said, describing a posted weight limit of 3, 4 and 6 tons and a loaded truck-and-trailer that weighed approximately 40 tons.

Fone described prolonged litigation and settlement negotiations with the insurance company, saying offers as low as $61,160 and $123,000 were rejected before a $1,000,000 settlement was accepted in fall 2022. Witnesses gave replacement-cost figures: the county received a low construction bid of $740,000 to replace the bridge and speaker testimony put legal fees at roughly $333,000; after attorney fees, the county faces additional net costs (one witness estimated an additional $110,000).

The amendment presented by the sponsor would make any vehicle or contrivance exceeding a posted weight limit upon a public bridge civilly liable for recoverable damages under the cited code section and for the cost of removing the damaged vehicle or debris. Counsel and witnesses argued the bill aims to set damages at replacement value rather than depreciated market value, because "people don't buy and sell bridges" and replacement better preserves community access and function.

Committee members discussed the legal mechanics: one committee question centered on whether the bill depends on criminal conviction or civil liability and whether juries should be instructed about per-se liability for violating posted weight limits. Mark Whitmore (Associates in Arkansas Counties) explained that the relevant Title 27 provision treats exceeding a posted weight limit as a civil per-se liability and that the bill's change is focused on damages calculation.

The committee adopted the amendment and subsequently passed SB417. The measure as discussed would allow counties to recover replacement-value damages and recovery costs for vehicles that exceed posted weight limits on bridges; sponsors said it was intended to ensure communities are not worse off when a unique historic bridge is destroyed.