Posts Tagged With ‘Accident’

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 grieving father will stop at nothing to ensure the guardrail that malfunctioned in his daughter’s car accident does not cause more fatalities. The Tennessee father has made headlines as he travels around the country advocating for the removal of the Lindsay X-LITE guardrail. Present on roads across the country, the guardrails have been known to impale vehicles that collide into them, causing devastating injuries to the passengers inside. Now, the man hopes to capture the attention of the president with a commercial airing during the Superbowl pre-game coverage.

Malfunctioning Guardrails

Guardrails are designed to absorb the weight and speed of colliding vehicles. They should crumple under impact, bringing the vehicles to a safe stop – or at least a safer one than the alternative. Instead, the Lindsay X-LITE guardrail has been known to spear the cars crashing into them, slicing through the vehicles and causing severe injuries to the people inside. This malfunction has been dismissed by the manufacturers, saying that no product can prevent every fatal accident. Such explanations are simply not good enough for grieving families, which is why the father from Tennessee has been so proactive in seeking change.

Progress, Slow and Steady

The man’s attempts to get the Lindsay X-LITEs off the road have already been successful in some states. Virginia removed the product from their list of approved devices in 2016, and other states are following suit. Until all are removed from roads across the country, however, this father will likely not stop. We can only hope his advocacy will continue to make changes for the good.

Do You Need A Guardrail Injury Lawyer? – Contact Us

If you or a loved one has been injured by a collision with a highway guardrail, call the lawyers representing Guardrail victims across the County for a free consultation. You may be eligible for considerable compensation for your injuries. Get Help Now 877-544-5323

When a loved one is lost, grieving is to be expected. One Tennessee father has gone beyond grieving after losing his daughter. Instead, he has made it his mission to get the defective guardrails that allegedly killed his daughter off American roads. Most recently, he’s turned his sights to North Carolina, where thousands of the defective guardrails line roads and highways.

Tennessee Department of Transportation officials agree with the man and have begun removing the safety devices from their roads. Unfortunately, not every state is doing the same. North Carolina transportation officials say that the X-LITE guardrails have not caused nor been involved with any fatal crashes in the state. They say that it would be too time-consuming and expensive to remove the thousands of X-LITE guardrails already on their roads.

The good news? No new X-LITES will be installed on North Carolina roads and highways. The state has fast tracked a new guardrail. X-LITES will only be replaced when necessary, though.

Undeterred, the grieving father has continued his mission without the state’s help. In fact, he has been posting on North Carolina Craigslist pages offering people money to come forward with information on X-LITE crashes and locations. Because transportation officials refuse to release such information, he must instead collect it all himself.

The makers of the X-LITE guardrails, Lindsay Transportation Solutions, says that while their guardrails can’t prevent all traffic fatalities, their product is safe. They are in accordance with federal safety standards.

Do You Need A Guardrail Injury Lawyer? – Contact Us

If you or a loved one has been injured by a collision with a highway guardrail, call the lawyers representing Guardrail victims across the County for a free consultation. You may be eligible for considerable compensation for your injuries. Get Help Now 877-544-5323

The loss of a child is one of the most difficult experiences a person can endure. For Stephen Eimers, the death of his daughter in a car accident last year led to a personal mission: to get defective guardrails, like the one that malfunctioned in his daughter’s crash, off the roads.

“I’ve got to be able to look that next mother or father in the eyes who’s lost a child to an accident, or a husband or a wife, and say I did every last thing that I could do,” Eimers told recently.

The X-Lite guardrail end terminal, made by Lindsay Transportation Solutions, is supposed to absorb the energy of a collision. Instead of folding under pressure like an accordion as designed, the X-Lite instead pierced Eimers’ daughter’s vehicle.

Since losing his daughter, Eimers has traveled the country advocating for victims who were hurt or killed in similar accidents. At least six victims were involved in crashes like Eimers’ daughter’s, but he believes there may be many more whose stories have not been told.

The X-Lite guardrail end terminal can be found in 20 states, but Eimers wants to see them phased out and replaced by safer alternatives. Though the X-Lite guardrails are crash tested, they are done so at labs owned by the manufacturers of the device. The National Highway Traffic Safety Administration doesn’t oversee or pay for the tests. The Government Accountability Office highlighted the potential for bias in a recent report.

Eimers says he won’t stop his mission until all Lindsay guardrails are off the roads.

Do You Need A Guardrail Injury Lawyer? – Contact Us

If you or a loved one has been injured by a collision with a highway guardrail, call the lawyers representing Guardrail victims across the County for a free consultation. You may be eligible for considerable compensation for your injuries. Get Help Now 877-544-5323

A Texas lawmaker is advocating for annual guardrail inspection reports following a series of tragic accidents in her state. State Senator Sylvia Garcia recently told reporters she wanted to see guardrail inspection reports released to the general public. At present, Texas guardrails along bridges are inspected every two years, but others are inspected only as needed. The inspection reports aren’t released to the public.

Texas has put a moratorium on the controversial Trinity ET Plus guardrail model, which has been known to malfunction. When it fails, the guardrail pierces vehicles, often amputating or killing passengers inside. When working as intended, guardrails should thread the end terminal and spiral backward under the weight of the car, bringing it to a safer stop.

That hasn’t always happened, experts say. Though the ET Plus has passed federal safety tests and remains on the national list of approved guardrails, Texas Department of Transportation has not lifted their moratorium. Other states have put similar policies into effect for the ET Plus guardrail end terminal.

The device may or may not be inherently dangerous – the jury is still out on that. But there’s no denying the danger of improperly installed guardrails of any maker or manufacturer. That’s why increased inspections could be so valuable for public safety.

We applaud lawmakers who advocate for more transparency from the folks responsible for maintaining our roads. With leaders like Senator Garcia fighting for the public’s safety, we can only hope these guardrail accidents will soon be a thing of the past. Until then, though, more pressure needs put on regulators to be more strict about the safety devices that are found on our nation’s roads.