Guardrails are intended to reduce the risk of injury and death by absorbing the force of impact and preventing vehicles from leaving the roadway. But when a guardrail has a defective design or another dangerous flaw, it can actually do more harm than good.
Over recent months, several lawsuits have been filed against Lindsay Corporation and co-defendants claiming the X-LITE guardrail end terminals have caused serious injuries and death due to an inherent design flaw. The lawsuits allege that the X-LITE end terminal penetrates into vehicles upon impact rather than telescoping into itself as it is designed to do, putting drivers and their passengers at risk.
Causes of Action in X-LITE Guardrail Lawsuits
Lawsuits against Lindsay Corp. and co-defendants have cited several causes of action including defective design, deceptive advertising, and failure to provide adequate installation instructions. The father of deceased Tennessee teenager Hannah Eimers (who was struck in the chest and head by an X-LITE end terminal) claims that the state’s Department of Transportation (TDOT) knew the system was dangerous but left it in place. A TDOT spokesperson stated the guardrail was actually removed from their “qualified products list” just days before Eimers’ death.
Similarly, Virginia motorist Sarah Weinberg was killed after pieces of an X-LITE guardrail end terminal penetrated her vehicle. Roughly 1,000 of these guardrails remain in the state, with an estimated 14,000 installed nationwide.
Other causes of action include deceptive advertising and general negligence. Some lawsuits also allege the guardrails weren’t properly installed due to inadequate instructions. Meanwhile, Lindsay Corp. claims its X-LITE guardrail end terminals have passed crash and safety tests in accordance with federal standards.
If you’ve suffered injuries or lost a loved one in a car accident that you believe was made worse by a defective X-LITE guardrail end terminal, it’s important that you speak with an attorney right away. The case law and statutes pertaining to product liability claims of this nature are complex, but a seasoned personal injury lawyer with the right experience will be able to answer your questions, gather time-sensitive evidence, and help you navigate the proceedings.
Discuss Your Case with a Guardrail Injury Attorney in Virginia
At the Law Offices of Richard J. Serpe, PC, our lawyers have an in-depth knowledge of the X-LITE’s design flaws and are well-versed in the statutes and case law pertaining to these cases. If you or someone you love was injured due to an X-LITE guardrail end terminal, you may be entitled to compensation for medical bills, lost income, pain and suffering, and other damages. One of our guardrail injury lawyers will assess your case for free, explain the strengths and weaknesses of your claim, and help you determine the most strategic way to proceed.
We have recovered more than $250 million in personal injury and wrongful death cases. Call or text our office today at (877) 544-5323 for a free consultation, or send us a message online. We can come to you if you cannot come to us.