recall

Posts Tagged With ‘recall’

Trinity Industries, the creator of the controversial ET-Plus guardrail end terminal, has been sued by the Canadian city of Stratford, Ontario. According to ABCNews.com lawmakers there believe the company sold them defective, dangerous products – specifically, the ET-Plus. The city is seeking $500 million in damages for Stratford. The lawsuit claims despite knowledge of dangerous flaws in the device’s design, Trinity Industries continued to make the ET-Plus available for sale and installation on roads across North America.

This will become the third lawsuit against Trinity Industries. Illinois and Wisconsin have both recently filed class action suits against the manufacturer, claiming that the company sold the guardrails fraudulently. Of course, Trinity was found guilty of defrauding the federal government last fall, resulting in fines of $175 million dollars.

42 states and three Canadian provinces have now suspended the installation of the ET-Plus guardrails, but many of them remain on roads and highways. The Federal Highway Administration ordered a series of eight crash tests to determine the future role the guardrail may or may not have on American roads. The ET-Plus passed four of the eight tests, with the results of the additional four still pending. Photos and videos of the crash, however, clearly show the guardrail failing. Trinity has claimed that you simply can’t judge a test by it’s photos.

With this latest lawsuit’s filing comes more questions than answers. Will more cities begin filing class action lawsuits against Trinity Industries? As the crash test results roll in, we’ll likely find the answer.

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

Utah is joining the long list of states growing concerned over the presence of the controversial ET-Plus guardrail on their roads and highways. Indeed, there are more than 300 of these guardrails on Utah streets and they are found in 49 different states. The guardrails have been the center of controversy following allegations that they malfunction when struck in accidents. Sources report that more than 1,000 injuries and 50 deaths have been blamed on the ET-Plus.

Unlike properly functioning guardrails, the ET-Plus has been known to pierce oncoming vehicles. Acting as a spear, the guardrail end terminal sometimes goes through the front of cars and comes up through the driver’s side foot well. This sharp, jagged metal has severed limbs and even ended lives. In fact, the allegations against Trinity Industries, the company that manufactures the ET-Plus, have grown so serious that the Federal Highway Association has ordered the guardrails be crash tested to prove their safety. The results of the tests should be available to the public soon.

The danger of the ET-Plus may lie in an unauthorized design change Trinity Industries made in 2005. By changing a critical metal piece from 5″ to 4″, they saved money on manufacturing costs. Unfortunately, safety experts say that this size reduction is likely the cause of the product’s malfunction. Since 2005, thousands of these guardrails have been installed on roads across the country. Only time will tell whether the ET-Plus will have a role on our streets in the future.

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

With crash tests of the controversial ET-Plus guardrail currently underway, many transportation officials are awaiting the results to determine the future of the device on the nation’s roads. One critic, however, says the crash tests should not be the determining factor in that crucial decision. In fact, whistleblower Joshua Harman says, the crash tests are not even testing the same model of ET-Plus that are currently installed around the country.

The difference lies in a small dimensional difference between a model released in 2012 and ET-Plus models created before that year. The 2012 model includes a heightened 5 inch metal piece that allegedly performs better in crash tests and is generally more safe than other models. This version of the ET-Plus is more expensive to manufacture, and courtroom documents revealed that Trinity Industries produced another model to cut corners. Those other models, with the unapproved 4 inch guardrail head, are “death traps,” Harman told reporters.

The Virginia Department of Transportation is the first in the country to announce steps toward removing the ET-Plus devices from their roads. A spokesperson told WSET.com that if any of the crash tests in Texas fail, VDOT will move forward with removing and replacing the defective models. That said, the process will likely take years. There are thousands of ET-Plus guardrail heads throughout the Commonwealth.

With four of the eight crash tests completed, Trinity Industries expects to finish up the testing process by the end of the month. If anything goes wrong in the remaining tests, it is likely more and more states will remove the ET-Plus from their roads and highways.

Federal regulators have ordered crash tests of a highly scrutinized highway safety device, but the testing will be closed to media. Trinity Industries, the manufacturer of the ET-Plus highway guardrail head, has announced they will not allow news cameras to record the crash tests. According to 13newsnow.com, Trinity has argued that their tests are data driven, not determined visually, and therefore will not allow cameras in to film.

Trinity Industries has come under fire in the last year after a Virginia whistleblower alerted regulators to unauthorized changes the company made to a safety device used throughout the country. In response, more than thirty states banned or temporarily halted the installation of the ET-Plus model of guardrail end terminal. Trinity Industries also faces $175 million in fines following a federal lawsuit that found the company had indeed made design changes without alerting regulators.

Highway guardrail end terminals are meant to help slow down the force of a collision by forcing the sharp rails of the guardrail backward and away from the passengers. Instead, the ET-Plus model has been known to malfunction, sending the sharp metal end of the guardrail through the cabin of oncoming vehicles. This has led to amputation of limbs, injuries and even fatalities.

The crash testing of the ET-Plus will determine the fate of the device and its role on our nation’s roads. The testing will be conducted this month, with regulators hoping to make a final call about the safety of the product by the beginning of 2015.

Do You Need A Guardrail Lawyer? – Get Help Now

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, Free Case Evaluation 877-544-5323