The Commonwealth of Virginia has become the first state to launch a lawsuit against dangerous guardrail maker Trinity Industries. The guardrail in question, the ET-Plus, is likely on thousands of Virginia roads and highways, though VDOT (Virginia Department of Transportation) admits they have not done a complete inventory of the product. VDOT has stopped installing the ET-Plus following the controversy over its safety issues.
The ET-Plus is designed to slow or stop cars involved in accidents from traveling further off the roadway. Ideally, they act like an accordion and crumple on impact. Sadly, the ET-Plus model has been known to pierce vehicles, spearing drivers and passengers inside. Some victims report amputated limbs, broken bones – some have even died in accidents involving the ET-Plus.
The safety device turned dangerous when federally unapproved changes were made to the design in 2005. By shortening a crucial metal piece on the guardrail from five inches to four, the function of the ET-Plus changed in a deadly way. Indeed, a Texas jury awarded the federal government and a whistleblower hundreds of millions of dollars after finding Trinity Industries had defrauded safety overseers. By not alerting regulators to the design changes, Trinity Industries risked the safety of millions of Americans.
Unfortunately, the future of the ET-Plus is not cut and dried. New safety tests have given the guardrail passing scores, approving the ET-Plus for installation across the country. Virginia’s lawsuit alleges that Trinity defrauded the Commonwealth by not revealing the design changes. The results of this case could mean the end of the dangerous ET-Plus on our roads.
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