North Carolina

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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.

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

The ET-Plus has faced criticism and banning from nearly all 50 of the United States. With malfunction claims against the product stating that it causes more dangerous crash situations, safety experts across the country have been carefully inspecting the guardrail’s role on their state’s highways. Indeed, 46 states have banned the installation of the ET-Plus pending further investigation into the potential malfunction.

North Carolina, however, is one of the four states that have not banned the controversial guardrail. Despite knowledge of six North Carolina ET-Plus crashes – two of which resulted in deaths – the North Carolina Department of Transportation does not feel there is enough evidence to remove the devices from roads. One North Carolina man lost his leg in an accident involving the ET-Plus. He recently told WRAL.com that he still struggles to stand, even with a prothesis. Nationwide, there have been more than 40 deaths and 100 injuries associated with ET-Plus guardrail crashes.

The company behind the ET-Plus, Trinity Industries, insists their product is safe. Trinity is currently conducting a series of federally mandated crash tests to prove the value of their product and to determine the future of its role on our country’s roads. The National Highway Administration announced that the ET-Plus has officially passed four of the eight tests, with other results still pending. If the tests indeed find the guardrail unsafe for our streets, North Carolina and the other three states will have no choice but to ban the use of the ET-Plus.

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

A new report from wfmynews2.com reveals that dangerous guardrail heads remain on roads throughout Virginia, North Carolina and other states across the country. Though more than thirty states have temporarily banned the installation of the ET-Plus guardrail end terminal, experts say few of these potentially deadly devices have actually been removed from the roads. That’s a problem, because drivers and passengers alike are at risk for these safety devices to take a turn toward the dangerous.

Much of the issue lies in the fact that road crews do not often keep track of which device is installed where. Federal Highway Administration guidelines – issued in 2005 – states that crews should know exactly what kind of guardrail end terminal is installed along each road. One North Carolina contractor estimated that of the 10,000 guardrail end caps on their roads, 95% of them were indeed the dangerous ET-Plus model.

Only a few states have started to create plans to remove the devices from their roads – one being Virginia. Nashville, TN recently started actively removing the guardrail end terminals from their roads.

Still, thousands of these ET-Plus guardrails remain on the Commonwealth’s roads, likely because of the lack of record keeping regarding the installation of the devices through the years. Experts say that until these guardrail heads are removed and replaced, there isn’t much drivers can do except try to avoid crashing into them.

These safety devices are designed to absorb the speed from colliding cars by pushing sharp guardrail sides backward and away from the vehicles. Instead, the ET-Plus has been known to pierce cars, often injuring and even killing those inside. Some people have had their limbs amputated in accidents involving guardrail end terminals.

Do You Need A Guardrail Lawyer? – Get Help Now

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, Free Case Evaluation 877-544-5323

The North Carolina Department of Transportation (NCDOT) has announced that they will not be suspending the installation of the Trinity ET-Plus guardrail terminals that are currently under investigation. Instead, the NCDOT will wait for federal regulators to make the decision, according to WNCN.com.

Steve Abbott with the NCDOT commented, “We have not seen any evidence that’s been shown to us yet as to what danger they have. We’re aware of a couple of incidents.”

Trinity Industries, a major manufacturer of highway guardrails, failed to disclose critical design changes to state regulators in 2005. As a result, the ET-Plus guardrail system never went through proper crash testing and were never approved. Experts believe that those design changes may be responsible for many serious and fatal injuries that have occurred over the years in guardrail related accidents across the country. Last month the company was found guilty of defrauding the government and was ordered to pay $175 million dollars to the whistle-blower that discovered the cover up.

Since this discovery, thirty states have suspended the installation of the Trinity ET-Plus guardrail system until proper crash testing is done to prove that they are safe. A few states have begun surveying to figure out where exactly these potentially dangerous guardrail terminals are installed. Many states have said that they do not have a record of the exact location of the guardrail terminals because they were an approved product.

Yesterday, the Federal Highway Administration announced that they have approved Trinity’s crash testing plan. The guardrail terminals will be tested from Mid-November through January 2015, according to a WSJ.com article. Until the guardrails are proven safe, Trinity will not be shipping out anymore of the ET-Plus guardrail systems.

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