Injured Drivers & Safety Group Sue Guardrail Maker
Posted on May 21, 2014 11:18am PDT
Earlier this year, when an SUV crashed into a guardrail in North Carolina, the guardrail reportedly cut through the vehicle floorboards and pierced the driver's legs. He survived, but had to have both legs amputated below the knee. He has filed a lawsuit against Trinity Highway Products, the maker of those guardrails, a company that is already facing lawsuits from other plaintiffs around the country.
Across several states, four deaths and ten injuries have been blamed on defective guardrails. The guardrail maker is accused of making
unreported changes to the railing that have compromised its safety. This week, an auto safety group,
Safety Research and Strategies, filed a lawsuit against Trinity Industries. SRS has figured in many car safety cases, including investigations into Toyota's unintended acceleration issues. The research group is suing the manufacturer under the Freedom of Information Act, demanding that full records be made available.
According to SRS, guardrails were originally designed in a way that the ends actually ended up piercing through the car and hitting car occupants. Then in the 1970s, modifications were made, but these newer guardrails started creating rollover accidents. Nowadays, many guardrails have an Energy-Absorbing End Terminals. This ET-2000 design got approval from the Federal Highway Administration, which found that the new design effectively and safely absorbed the energy of impact.
It was later uncovered that Trinity altered this design in 2005. The company produced the ET-Plus, allegedly shortening the end terminal and feeder channel and thus expanding profit by using this cheaper design. The manufacturer did not tell the FHWA about these modifications
until seven years later, violating regulations by doing so. Worse still, these changes are said to cause the end terminal to
slice through the car's front "like a spear", inflicting serious, even deadly injury.
While there is no compensation that can undo the trauma that individuals and families have undergone as a result of such car accidents, the reality is that lawsuits can bring shortcomings to light, force change, and make the road safer for others. If you or a loved one have been harmed by a defective product, find out what legal action you may be able to take when you talk to a personal injury lawyer today!
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