Pubdate: Thu, 20 May 1999 Source: Associated Press Copyright: 1999 Associated Press TERMITES CITED AS BUS CRASH FACTOR NEW ORLEANS (AP) A bus crashed through a guard rail and plunged down an embankment in part because the safety barriers were weakened by termites, according to lawyers representing families of victims of the Mother's Day crash. The Custom Charters bus veered off Interstate 610 in New Orleans during a gambling trip to a Mississippi casino, killing 22 of the 43 mostly elderly passengers. If the oak posts hadn't been weakened, the bus probably would have stayed on the highway, sparing some of the victims, said Stephen Rue, who represents relatives of Jewell Williams, a retired teacher killed in the crash. "They crumble to your touch," Rue said, sticking a butter knife into a post. The hole he made exposed hundreds of squirming little bugs. "This is obviously a contributing factor in the tragedy." A spokesman for the National Transportation Safety Board did not know if investigators had checked the posts. The lawsuit filed by Rue names as defendants the charter bus company, the driver and Casino Magic in Bay St. Louis, Miss., the intended destination of the trip. He would not say if he intended to add the state as a defendant. Meanwhile, the driver's condition has improved enough for doctors to remove a ventilator, but he will not immediately talk to investigators about the accident. Frank Bedell, 46, was in critical condition for more than a week. He was to be interviewed Wednesday by authorities, but his lawyer declined to grant permission. "I just don't believe he's well enough to be interviewed by anybody," Jay Zainey said. He did not know when Bedell could be questioned. Following the crash, authorities said they uncovered evidence that Bedell had congestive heart disease, had lost two bus-driving jobs because he used marijuana, had failed a test for cocaine and was undergoing dialysis. Only 12 hours before the crash, Bedell received treatment in a hospital emergency room for dehydration and extremely low blood pressure. In addition, tests found traces of marijuana in Bedell's blood after the crash, authorities said. NTSB investigators say Bedell should not have been driving, but it is not clear whether his health problems or drug use contributed to the crash. Investigators say they are looking into reports about a car cutting in front of the bus, but don't know whether they are credible. Zainey said his client insists it's true. - --- MAP posted-by: Jo-D