Posts Tagged With ‘Massachusetts’

More reports are surfacing across the nation linking X-LITE guardrail end terminals to deaths and serious injuries. Lawsuits filed against Lindsay Corporation, the manufacturer of X-LITE end terminals, allege the guardrail system has an inherent design flaw that prevents it from telescoping into itself, causing the end terminals to penetrate into vehicles and impale drivers and passengers.

Concealed Safety Defects: What You Don’t See Can Be Deadly

A defective guardrail can be more dangerous than having no guardrail at all. In one especially tragic incident, 37-year-old Sarah Weinberg was killed after she went off Interstate 66 in Tennessee and struck an X-LITE guardrail end terminal almost head on, according to her family’s attorney. She was driving home to visit her family for Christmas.

In another case, Tennessee teenager Hannah Eimers was killed after going off the road, attempting to correct course, and then slamming the driver’s side door into the guardrail end terminal. She died instantly when she was impaled by a metal rail that failed to telescope upon impact, but her passenger walked away with just a small cut.

Thousands of these guardrail systems have been installed across the country, primarily in Virginia, West Virginia, Tennessee, North Carolina, Texas, Maryland, and Massachusetts.

Lindsay Corporation maintains its position that these guardrails have passed inspections but that no test could replicate all possible accident scenarios. Still, the Tennessee Department of Transportation has removed the X-LITE end terminals from its list of qualified products in the wake of mounting evidence that their alleged design flaws caused preventable injuries.

What to Do If You Were Injured by an X-LITE Guardrail End Terminal

If you were injured or lost a member of your family in an accident that involved an X-LITE guardrail end terminal, you may be entitled to compensation for all resulting damages including medical bills, lost income, and pain and suffering. Unfortunately, obtaining a financial recovery may involve an uphill legal battle.

Here are a few tips to give your claim the best possible chance of success:

  • Visit a doctor right away for an official diagnosis;
  • Contact a guardrail injury attorney as soon as possible;
  • Direct all correspondence from the insurance company or anyone affiliated with Lindsay Corporation to your lawyer;
  • Follow the instructions of your healthcare provider; and
  • Don’t discuss your accident or injury on social media.

Speak with an X-LITE Guardrail Injury Attorney Today: Call (877) 544-5323

An experienced guardrail injury lawyer from the Law Offices of Richard J. Serpe, PC can review the facts of your case in a free consultation, answer your questions, and help you determine how best to proceed with your claim. You won’t have to pay any attorney’s fees unless we win.

Our lawyers and outstanding support staff 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 to speak with a member of our team, or send us a message online.

ET-PLUS Trinity Guardrail

Accident Involving Guardrail

Nobody expects be have their car impaled, and least of all by a highway safety measure intended to protect you in the event of an accident.  However, that is exactly what happened this morning when a Ford Transit work van crashed into the terminal end of a guardrail on Route 6 in West Barnstable, Massachusetts.  Approximately 10 feet of guardrail punctured the vehicle going from the engine compartment through the passenger side seat.

This is just the latest in a long string of cases where guardrails have been found to run through cars instead of crumbling to absorb the shock of an impact.  Guardrail end terminals that predate the National Cooperative Highway Research Program’s Report 350 are especially dangerous and may be considered non-crashworthy, while several personal injury and wrongful death lawsuits have been brought against Trinity Industries for their ET-Plus guardrail.

At this time it is not clear what kind of guardrail system was involved in the accident.

Personal Injury and Accident Lawyer

Attorney Richard J. Serpe has been investigating accidents such as these throughout the country.  If you or a loved one has been injured or killed in an accident involving a guardrail terminal end, contact us to discuss your rights.

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

The final results of the Trinity Industries crash tests are in: all eight received passing scores from the Federal Highway Administration. The eight tests utilized guardrails of two different heights, one measuring 27 3/4 inches, one 31 inches.

Critics say the final of the eight tests should have been ruled a failure, as the guardrail severely dented the driver’s side door. Many believe that the Federal Highway Administration has given these test passing grades to cover for the poor job the government did in vetting the material. Some argue that by admitting the guardrails aren’t safe for the road, the administration would be admitting their failure to properly do their jobs. The agency says they will continue to investigate the ET-Plus, as more than 30 states currently have banned the guardrail from future installation.

ABC 13 News Now recently reported that Virginia has not received any application for approval from Trinity Industries to install any more of the ET-Plus guardrails on the Commonwealth’s roads. VDOT, the Virginia Department of Transportation, says more tests will be done to prove the reliability of the ET-Plus. They are also currently accepting bids from companies to remove the problematic guardrails from the roads.

Trinity Industries was fined for defrauding the government by failing to alert regulators to changes in the size of the ET-Plus. A small change in size has reportedly resulted in major product malfunctions, causing severe injuries and even fatalities among crash victims.

Seriously Injured in an Accident Involving a Guardrail?

Our Guardrail Injury Lawyers are currently investigating serious and fatal guardrail accidents related to this potentially dangerous 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