Oct 25, 2024
Project Summary: This story is part of KXAN’s “Preventing Disaster” investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital’s emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening. AUSTIN (KXAN) — It was an emotional embrace months in the making. "Hi, can I give you a hug?" Austin City Councilmember Mackenzie Kelly asked, before wrapping her arms around Levi and Nadia Bernard. "It's so good to meet you." "It's so good to meet you, too," Nadia Bernard said, with tears in her eyes. Eight months after a drunk driver drove through the lobby of an Austin hospital, a family badly hurt that day heard first-hand how their story could soon save lives. KXAN connected Kelly with Nadia and Levi Bernard after they all said they wanted to thank each other. On Thursday they met inside the same City Hall room where Kelly first watched their story in May and asked staff to "initiate an ordinance change." Levi Bernard, left, Austin City Councilmember Mackenzie Kelly, center, and Nadia Bernard, right, pose with a signed copy of Kelly's resolution asking for crash-rated bollards at new hospitals. (KXAN Photo/Matt Grant) That ordinance will now be voted on in December. If passed, it will require crash-rated security bollards at new city hospitals, stand-alone emergency rooms and urgent care clinics. Existing hospitals would be required to install them if they apply for a new permit. KXAN reached out to Kelly's District 6 election opponent, Krista Laine, for comment. We asked her thoughts on the bollards ordinance but was told her campaign "will not be commenting on this." Levi said he was "flabbergasted" at how quickly their story has inspired change. "Typically, the process can be months, but I wanted to make sure this was a priority," Kelly said. "It was within days from watching KXAN's investigation that I had researched and fully drafted something." EXPLORE: KXAN's ongoing "Preventing Disaster" investigation into hospital crashes That resolution was presented to the family and their attorney as a signed gift. "This is amazing," Nadia said. "I'm going to put it on my wall." 'It felt like we had a voice' On Feb. 13, the Bernards were in the lobby of St. David's North Austin Medical Center with their two toddlers when a vehicle crashed into them, killing the driver and injuring five people total. Their youngest, Sunny, went through the car's windshield. Surveillance video, obtained through a public records request, shows the chaotic scene as Levi frantically searched for their son. "So, how are your kids doing?" Kelly asked. "They're OK. They're OK. We're dealing with a lot of things but overall we're —" Nadia said before pausing. "Moving in the right direction," Levi finished. "Persisting?" Kelly asked. "Yeah," Nadia replied. "Exactly." Austin City Councilmember Mackenzie Kelly, left, signs a copy of her bollard resolution for Levi and Nadia Bernard. (KXAN Photo/Matt Grant) Kelly told the family she "can't imagine ... the trauma" they experienced that day. That trauma has now been transformed into a potential new city policy that "will forever be in the history of the city." "That's something that I feel is a good legacy," Kelly said. WATCH: 'Extremely violent and scary' surveillance video shows hospital crash impact "When we heard that you were on top of it and you're like right at it, it felt like we had a voice, you know?" Nadia said. "Like, someone who doesn't know us but cared for us ... I thank you for that, really." "Thank you for those kind words," Kelly replied. 'One day a time' The family's recovery has been moving "one day at a time." Nadia no longer needs a wheelchair and now walks with the help of a cane. "Psychologically, we're still pretty messed up," Levi said. "And, we still have an array of physical issues. But, we're better off than we were yesterday." "It's still kind of tough to accept this reality," Nadia said. After a car crashed into St. David's North Austin Medical Center, it added security barriers near the ER entrance (Photos courtesy Howry, Breen & Herman; Diane Warmoth) A KXAN investigation found the type of crash that injured the Bernard family is not uncommon, with more than 300 incidents involving medical centers across the U.S. in the past decade. It turns out safety devices crash-tested to save lives are not required on a local, state or federal level — even at critical infrastructure, like hospitals where entrances often include pedestrian and vehicle traffic. In May, the family filed a $1 million lawsuit accusing St. David's NAMC of "gross negligence" for not having bollards. A dozen were installed after KXAN started asking questions. St. David's would not comment on the lawsuit. In court records, it pointed to cases where a lack of safety bollards at commercial buildings were found to not constitute an "unreasonably dangerous condition." "We're in the fact-gathering stage," said the Bernards' attorney, Sean Breen. "And, I can tell you, there are no good answers for why this happened. It should have never happened." Their goal now is to prevent this from happening again. The Bernards' story is already sparking a General Services Administration review of federal facilities in the Southwestern U.S. and State Sen. Royce West, D-Dallas, is considering a potential statewide bollard bill, which Kelly supports. Kelly said she already reached out to West's office and offered to be a resource. "It's important we do this on a broader scale," she said. "So that the impact is greater." "We really appreciate all her work," Nadia told KXAN after their meeting. "And your work, too, Matt, thank you."
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