Accident Attorney

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Over recent months, more reports have surfaced of defective guardrails impaling vehicles and causing serious and fatal injuries to drivers and passengers. Victims and their families have filed lawsuits against Lindsay Corporation, the company that manufactured the X-LITE guardrail end terminals. Besides alleging that the end terminals have a defective design, complaints have also alleged that the guardrails were negligently installed.

Negligent Guardrail Installation Blamed for Serious Injuries

Guardrails are supposed to absorb energy upon impact—usually by “telescoping” inward. When the end terminals don’t perform as intended, whether due to a defective design or negligent installation, the result can be catastrophic for drivers and passengers.

A Federal Highway Administration (FHWA) survey found that installation crews have had a difficult time installing the X-LITE end terminals due to unclear instructions. One lawsuit alleges that Lindsay Corporation failed to “adequately provide proper and clear installation, repair, maintenance, and/or instruction manuals.”

But not all such claims allege that inadequate instructions are to blame for the improper installation. Some have alleged negligence on the part of companies or state departments approving the installation of faulty guardrails, or workers using negligent installation techniques.

Who Is Liable for Injuries Caused by Negligently Installed Guardrails?

When a person is injured due to negligent guardrail installation, the liable party could be a government entity or the company hired to install the guardrail.

One case that went to the Pennsylvania Supreme Court found the Pennsylvania Department of Transportation (PennDOT) liable for injuries caused by its negligent decision to install guardrails that already had been deemed as not being “crashworthy.” At issue was the state’s Sovereign Immunity Act, which protects the state from liability for damages in certain negligence claims.

The appellants claimed that PennDOT should have known that the “boxing glove” style guardrails that were installed—which penetrated the appellants’ vehicle upon impact and caused serious injuries—weren’t crashworthy. They also claimed that PennDOT “failed to inspect or correct” the problem.

In cases where otherwise safe guardrails malfunctioned because of negligent installation by the workers themselves, companies contracted to do the work may be held liable through the doctrine of respondeat superior.

Call (877) 544- 5323 to Discuss Your Case with a Guardrail Injury Lawyer Today

At The Law Offices of Richard J. Serpe, PC, we understand that nothing can undo the tragedy of sustaining a serious injury or losing a loved one in a car accident. But by taking legal action against those responsible, you may be able to recover the compensation you need to pay for medical bills, lost income, and other damages.

An experienced guardrail injury attorney at our firm can answer your questions and help you determine the most strategic way to proceed. We have recovered more than $250 million in personal injury and wrongful death cases.

Contact our office via phone or text message at (877) 544- 5323 for a free consultation, or send us a message online. We can come to you if you are unable to come to us.

 

A 24-year-old California man was killed in a crash in the North San Francisco Bay Area when his vehicle collided with a guardrail system that has been blamed for injuries and deaths throughout the United States.

At this time, it is unknown why the man crashed into the guardrail. What is known is that experts believe he may have survived if it were not for the type of guardrail he struck.

According to a guardrail maker that sued Trinity Industries, the maker of the product that is under fire in many states, the man should have survived.

The ET-Plus guardrail system is not banned in California, however, 39 other states have taken action. Rather than acting as it should in the event of an accident, the ET-Plus system has the potential to send the guardrail beam through the vehicle.

Federal authorities are requiring Trinity Industries to submit the guardrail to additional crash safety testing.

This is yet another story of a person who may have survived an accident if the ET-Plus guardrail system had done its job.

In the event that a person is injured or killed in such an accident, the end result is often times a lawsuit against the manufacturer.

Seriously Injured in an Accident Involving a Guardrail?

Our Guardrail Injury Lawyers are currently investigating serious and fatal guardrail accidents related to this untested guardrail design. If you or a loved one were injured in an accident with a guardrail, contact our attorneys to discuss your legal options. We offer a free, no obligation, case evaluation – Get Help Now 877-544-5323

The Ohio Department of Transportation has made the decision to stop ordering guardrails from Trinity Industries altogether due to concerns over the safety of the rail heads.

In an accident, this piece is designed to absorb the impact of a vehicle and accordion backward. As the head is pushed back by the car, the piece pushes the rails aside, peeling it away from the vehicle. Unfortunately, the Trinity ET-Plus guardrails have reportedly sliced right through cars. This malfunction has resulted in needless injuries (including amputations) and even some fatalities.

According to WLWT.com, Ohio state officials are unsure of where the end caps manufactured by Trinity are located. Of the 23,000 units throughout the state, it is believed that roughly one third were manufactured by Trinity Industries.

A jury has determined that Trinity Industries defrauded the government by making changes to its guardrail system, while keeping it a secret. This has led to the Federal Highway Administration calling for crash testing of the new design.

Ohio, among many other states, is weighing its options. At this point, the state has decided to stop ordering from Trinity Industries.

Seriously Injured in an Accident Involving a Guardrail?

Our Guardrail Injury Lawyers are currently investigating serious and fatal guardrail accidents related to this untested guardrail design. If you or a loved one were injured in an accident with a guardrail, contact our attorneys to discuss your legal options. We offer a free, no obligation, case evaluation – Get Help Now 877-544-5323

Delaware - Guardrail Injury LawyerDelaware, much the same as many other states throughout the country, is taking a closer look at how many potentially dangerous highway guardrail units are in use along the state’s roadways.

According to recent reports, the Delaware Department of Transportation has banned the new installation of the ET-Plus guardrail system manufactured by Trinity Industries Inc.

An engineer for the Delaware Department of Transportation said the ban will remain in place until “comprehensive, independent safety testing” is completed.

At least 27 other states have done the same, with Virginia and New Hampshire two from the local region.

The Delaware Transportation Secretary said the following:

“We thought it was prudent not to install any more of these until we know more. I need someone to tell me from the federal perspective that these are safe. If they’re not safe, we want to rip them out.”

While the guardrail units can only cause a problem if a car wrecks into it, this is more common than many people believe. In the event of a crash, the guardrail has the potential to pierce the vehicle and cause additional damage and injury.

Seriously Injured in an Accident Involving a Guardrail?

Our Guardrail Injury Lawyers are currently investigating serious and fatal guardrail accidents related to this untested guardrail design. If you or a loved one were injured in an accident with a guardrail, contact our attorneys to discuss your legal options. We offer a free, no obligation, case evaluation – Get Help Now 877-544-5323

Georgia is falling in line with many other states that have announced its intentions to stop installing the potentially dangerous ET-Plus guardrail system manufactured by Trinity.

Georgia - Guardrail Injury LawyerAccording to the Georgia Department of Transportation, the state will stop installing these guardrails until new crash test results are released.

Even though the guardrail is meant to absorb energy in the event of an accident, some experts believe it can malfunction, thus leading to the guardrail piercing through the vehicle.

According to a local report by Channel 2, a man was killed when he was a passenger in a vehicle involved in an accident on Interstate 285. It is believed that the guardrail went through a rear door and eventually struck him in the back of the head.

Georgia is a bit behind the rest of the country when it comes to guardrail safety, with the state still using a type of guardrail that federal officials recommended be removed more than 15 years ago.

This time around, it appears that Georgia is getting serious about the problem at hand. Until additional test results are released by the manufacturer of the ET-Plus guardrail system, the state will cease installation.

Seriously Injured in an Accident Involving a Guardrail?

Our Guardrail Injury Lawyers are currently investigating serious and fatal guardrail accidents related to this untested guardrail design. If you or a loved one were injured in an accident with a guardrail, contact our attorneys to discuss your legal options. We offer a free, no obligation, case evaluation – Get Help Now 877-544-5323

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