Guardrail

Posts Tagged With ‘Guardrail’

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.

 

An 18-year-old man has died after his car crashed into a Maryland guardrail. Now, his family is doing all they can to ensure other victims of similar accidents do not end up with a similar fate. The teen was on his way to work at a recruiting office one day when his car ran off the road, striking a guardrail. While exact reasons as to why the young man’s vehicle left the road are unknown, what happened next likely contributed to his death: his vehicle collided with an Lindsay X-LITE end terminal.

Other Victims

Designed to help bring colliding vehicles to a slow and safe stop, these particular end terminals have been linked to many other deaths throughout the country. The victim’s mother said she was shocked to learn that at least seven other people have died in a similar fashion. All eight of the fatal crashes involved the X-LITE end terminal. Five lawsuits have been filed against the manufacturer of the safety device, Lindsay Transportation Solutions, claiming that the guardrail is defective.

Justice for the Victim

Now, the family of the victim is seeking justice for their lost loved one. They hope to raise awareness about the dangers associated with this kind of guardrail end terminal. They also hope to convince Maryland officials to remove and replace the guardrail with something safer. There are more than 900 X-LITE end terminals currently on Maryland roads.

At least ten other states are working to remove the X-LITE from their roads and highways, but Maryland says they have no plans to do so.

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 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 Lindsay X-Lite guardrail end terminals are the subject of yet another lawsuit. The safety device has drawn criticism after several deadly accidents, many of which have occurred in Massachusetts. The state is home to the second most X-Lite guardrails in the country, with only West Virginia outnumbering them. Though officials have no plans to remove any from Massachusetts roads, they do plan to stop installing them this fall.

Many accidents involving the X-Lite have resulted in death or amputation because of the way the device sometimes malfunctions. Designed to collapse under the weight of colliding vehicles, the X-Lite should accordion backward when struck. Instead, the device has been known to slice through oncoming cars, scissoring through metal, glass and eventually even the passengers inside the vehicle. Many times, the injuries sustained in the accident because of the X-Lite are worse than had the guardrail not been there at all. Of course, when functioning correctly, these guardrails can be lifesavers. But it shouldn’t be such a roll of the die, families of victims say.

For many bereaved family members, accepting Lindsay Transportation Solution’s explanation that these accidents simply happen sometimes isn’t possible. They argue that these guardrails should not be on our roads if they can malfunction so horrifically.

Last month, the Federal Highway Administration announced that a review of the safety data revealed the device was safe. There is no federal recommendation to remove the guardrail end terminals, but several states including Tennessee are moving forward with the removal process.

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