safety test

Posts Tagged With ‘safety test’

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.

 

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

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

Critics of the ET-Plus guardrail have long argued that the safety device is unfit for our roads. They’ve argued that the guardrail malfunctions in the most dangerous times possible: during a crash. They’ve claimed the guardrail pierces the cabin of oncoming cars, injuring, amputating and even killing accident victims. In spite of these claims, the ET-Plus has remained on roads across the country. Now, crash test photos and videos of the federally mandated ET-Plus crash test reveals the worst, with one senator calling the images “hideously shocking.”

The ET-Plus was designed to crunch under the impact of colliding vehicles, folding backward like an accordion. This motion ideally helps to slow down the accident to a stop. Unfortunately, the guardrail has been known to malfunction, puncturing the engines, footwells, and doors of oncoming cars. These claims led the Highway Safety Administration to order crash tests from the manufacturer of the ET-Plus, Trinity Industries. Of the eight tests conducted this winter, seven are believed to have passed. The results of the eighth test have shocked the world.

Trinity Industries has defended the images, arguing that no one can judge a crash test by photos. Still, the images are undeniably grim. Had a real driver been behind the wheel, it is doubtful he or she would have walked away unharmed in such a crash. Official results of the test are still pending, but most believe the eighth test will indeed be deemed a failure. If photos like the ones of that crash test are to be believed, the ET-Plus truly has no place on our roads and highways.

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 last of eight crash tests of the ET-Plus guardrail has finished, with a report due to the public in the coming weeks. One expert, however, claims that the final test proves just how dangerous the ET-Plus can be. In fact, the expert claims, the test may have indeed failed the eighth test.

In a video of the crash test obtained by 13newsnow.com, the guardrail clearly punctures the driver’s side door of the colliding vehicle. Had a person been behind the wheel in an accident such as this, they would have been severely injured or killed. The large dent protrudes severely into the car, a scary image for anyone who has ever been involved in an accident. It’s easy to see just how dangerous this crash situation would have been for the driver, and how the ET-Plus negatively affected the collision.

Trinity Industries, the manufacturing company behind the ET-Plus, claims the first four crash tests in the series of eight passed with flying colors. These results, however, may not paint an accurate picture of how every ET-Plus reacts in crash scenarios. The terminals used in the tests have come under scrutiny after it was announced the ET-Plus guardrails used in the tests came from a warehouse – not from an actual road or highway. Rumor also has it that there are design differences between the models being tested and the models currently in use on roads throughout the country.

With crash test results due next month, the nation will be watching to see the fate 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

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