Highway Guardrail Lawsuit | Get Free Evaluation

A U.S. federal jury determined that a Texas firm is obligated to pay $175 million for claims made by a whistleblower regarding the safety concerns of guardrail systems alongside numerous U.S. highways. Several incidents, including fatal ones, have occurred where vehicles veered off the road and struck guardrails, which then failed and impaled the vehicles, as stated in lawsuits against Trinity Industries.

Free Guardrail Lawsuit Evaluation: If you or a loved one has been injured in a guardrail accident, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of the guardrail and our lawyers can help.

If you or a loved one experienced severe injuries or vehicle damage following a guardrail accident, you may be entitled to pursue compensation. At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to defective guardrail systems. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

Table Of Contents

Guardrail Lawsuit Overview
Latest Guardrail Lawsuit Updates
Guardrail Reports and Statistics
Guardrail Injuries & Side Effects
ABC News Video: Trinity Guardrail Defects
Do You Qualify for a Guardrail Lawsuit?
- Evidence Required for a Guardrail Lawsuit
- Damages You Can Recover
Trinity Guardrails Banned in More Than 30 States
How Guardrails Should Work
Guardrails Piercing Cars: Documented Cases
Statute of Limitations for Guardrail Lawsuits
Frequently Asked Questions
Take Action Now: Time-Sensitive Legal Claims
References

Guardrail Lawsuit Overview

The Trinity ET-Plus guardrail lawsuit centers on allegations that Trinity Industries fraudulently modified their highway guardrail end terminal design without proper notification to federal authorities. These modified guardrails have been linked to serious injuries and deaths when they failed to function as designed, instead spearing through vehicles during crashes. A federal jury found Trinity guilty of defrauding the U.S. government, with evidence showing the company made design changes to save approximately $2 per guardrail or $50,000 annually.

Latest Guardrail Lawsuit Updates

June 9, 2015 – A federal judge has ordered Trinity to pay $663 million in damages for failing to disclose design changes the company made to its ET-Plus guardrail systems, according to NBC News [1]. Joshua Harman, a competitor of Trinity’s who sued the company on behalf of the U.S. government, will receive $199 million plus attorney fees.

May 18, 2015 – The FHWA announced today that it has increased regulation over highway guardrail systems, closing a loophole that allowed manufacturers to make changes to older products without performing additional crash tests. Under the new rules, if a manufacturer alters the design of an existing roadside device, it must be crash-tested according to the strictest safety measures, even if the product has been deemed safe in the past under older regulations.

May 27, 2015 – A class action lawsuit has been filed against Trinity Industries on behalf of investors who purchased or otherwise acquired the guardrail maker’s securities between February 16, 2012 and April 29, 2015. The complaint alleges that Trinity violated sections 10(b) and 20(a) of the Securities Exchange Act of 1934, made false and/or misleading statements, and failed to disclose that it made design changes to its ET-Plus guardrail system in 2005 without notifying the FHWA.

Related Article: Guardrail Class Action Lawsuit Texas

April 30, 2015 – Federal prosecutors have subpoenaed 16 years’ worth of documents from Trinity “relating to the ET 2000 and ET-Plus guardrail end-terminal products,” according to ABC News [2]. People familiar with the events said the investigation is focusing, in part, on whether any state or federal highway officials received payments from Trinity to approve use of the modified ET-Plus end terminal.

April 23, 2015 – The Justice Department has opened a criminal investigation into Trinity’s relationship with the Federal Highway Administration (FHWA), according to Bloomberg News [3]. According to the report, federal investigators are interviewing potential witnesses and investigators from a special unit of the Justice Department have subpoenaed court documents involving ET-Plus.

February 20, 2015 – Last month, Trinity held a posh lobbing campaign at the Four Seasons Hotel on the Las Vegas Strip in an attempt to salvage its reputation, according to the New York Times [4]. Since Joshua Harman filed his whistleblower lawsuit against Trinity in 2012, the company has become quite generous to political causes, contributing $300,000 to the Democratic Attorneys General Association and the Republican Attorneys General Association, after not donating in the 2 previous years.

January 27, 2015 – A document filed with a federal judge in Texas by an engineering expert claims that the Trinity ET-Plus guardrail end terminal failed the last of its 8 crash tests in San Antonio on Jan. 27. The expert, Brian Coon, said the device failed when it punctured the driver-side door of a compact car.

December 12, 2014 – Federal and state transportation officials have gathered in San Antonio, TX, to observe safety testing for Trinity’s ET-Plus highway guardrail system. The first tests are scheduled to take place over the next few weeks, and are designed to replicate new-to-market testing performed nearly a decade ago, when the ET-Plus was first introduced.

December 11, 2014 – The Commonwealth of Virginia has announced that it is suing Trinity over the sale of thousands of allegedly defective guardrail systems, according to the New York Times [5]. The complaint accuses the company of fraud, deceit, and the sale of “unapproved products that had not been properly tested to ensure they would keep motorists safe.”

December 3, 2014 – Trinity has said it will not allow media coverage of the new round of federally-mandated crash tests on its guardrails set to begin in late December, according to ABC News [6]. Trinity spokesman Jeff Eller said only representatives of the FHA, state DOTs and the American Association of State Highway Transportation (AASHTO) will be present for the tests, which will take place in San Antonio, TX.

November 3, 2014 – More than half the country has suspended installation of Trinity Guardrails, according to an ABC News report [7]. Many of the states that have taken action against Trinity say the ban is in place until additional safety tests can be performed.

October 27, 2014 – Senator Charles Schumer (D-NY) says the federal government should investigate whether defective highway guardrails have been installed along upstate New York roadways. Schumer wrote a letter to the FWHA asking for a review of where the guardrails are located so they can be replaced. Schumer says there are likely thousands of guardrails in the upstate area that could pierce vehicles and injure or even kill their occupants.

October 20, 2014 – A federal jury in Marshall, TX found Trinity Industries guilty of defrauding the U.S. government by failing to inform the Federal Highway Administration (FHWA) about design changes it made to its guardrail system in 2005. The jury awarded $175 million, which will be tripled to $525 million under federal law and split between Harman and the U.S. government.

Guardrail Reports and Statistics

According to a September 2014 study released by The Safety Institute entitled “In-Service Evaluation of FHWA-Accepted Guardrail Terminals,” [8] the modified ET-Plus guardrail system poses a significantly higher risk compared to its predecessor:

The ET-Plus is 1.45 times more likely to be involved in a severe injury than the ET-2000
The ET-Plus is 3.95 times more likely to be involved in a fatal crash than the ET-2000

Guardrail Injuries & Side Effects

When Trinity guardrails fail during accidents, they can cause catastrophic injuries instead of safely absorbing impact energy.

Impalement Injuries: Guardrails piercing through vehicles, causing severe trauma
Amputations: Multiple cases of limb loss when guardrails penetrate vehicle compartments
Fatal Injuries: Deaths resulting from guardrail penetration into passenger compartments
Severe Lacerations: Deep cuts from metal guardrail components entering vehicles

ABC News Video: Trinity Guardrail Defects

Click on the link below to view an ABC News video reporting on a horrific guardrail accident involving the modified Trinity ET-Plus end terminals:

Do You Qualify for a Guardrail Lawsuit?

You may qualify for a guardrail lawsuit if:

You were involved in an accident with a Trinity ET-Plus guardrail system
You experienced serious injuries when a guardrail penetrated or speared your vehicle
The injuries required medical treatment or hospitalization
You can provide documentation of your accident involving a guardrail failure

Evidence Required for a Guardrail Lawsuit

Medical records documenting injuries sustained in the accident
Police accident reports identifying the guardrail involvement
Photographs of the accident scene showing guardrail failure
Witness statements regarding the guardrail’s performance

Damages You Can Recover

Medical expenses for treatment of injuries
Lost wages due to inability to work
Pain and suffering compensation
In cases of fatal accidents, wrongful death damages

Trinity Guardrails Banned in More Than 30 States

As of November 3, 2014, the following states have banned new installations of Trinity highway guardrail systems:

Arizona
Colorado
Connecticut
District of Columbia
Georgia
Hawaii
Idaho
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Mexico
New York
North Dakota
Oklahoma
Oregon
South Carolina
Tennessee
Texas
Utah
Vermont
Virginia
Washington
Wisconsin

How Guardrails Should Work

In older guardrails, the feeder chute was 5″ wide and over 15″ high. The exit chute was 1.5″. Upon impact, the railing should thread through the terminal head and pigtail out the side away from oncoming traffic. To save money, Trinity decreased the size of the terminal head from 5 inches to 4. Harman said with the smaller terminal head, the railing either gets stuck behind the head or acts like a projectile shooting through the car and its passengers inside.

“These changes are resulting in fatalities, injuries,” said Harman, “a guardrail is not supposed to cut a person in half.”

Guardrails Piercing Cars: Documented Cases

A Tennessee mother died in 2008 when a Trinity guardrail cut through the front of her SUV.
In January 2010, a New York woman lost her right leg after a guardrail penetrated her driver’s side door in an accident.
Also in 2010, a guardrail in Florida pierced the floorboard of a pickup truck, slicing through the leg of an 18-year-old passenger.
2012 – Family’s vehicle careens into a guardrail in NY, punctures the wheel well into the back seat, pinning a 2-year-old boy.
January 2014 – An accident in North Carolina involving the ET-Plus end terminal left the driver a double amputee. Jay Traylor was driving his SUV when he fell asleep, veered off of the interstate and slammed head-on into a guardrail. Instead of the end terminal acting as an energy absorber as it should have, the guardrail sliced through the floorboard into the driver’s seat. Traylor’s right leg was severed in the accident, and doctors later had to remove his mangled left leg. Traylor’s attorney claimed the guardrail was “defective and unreasonably dangerous,” according to court documents.

Statute of Limitations for Guardrail Lawsuits

If you’ve been injured due to a defective guardrail, it’s important to understand that strict time limits apply to filing a lawsuit. These time limits, known as statutes of limitations, vary by state:

Most states allow between 1-3 years from the date of injury to file a personal injury claim
For wrongful death claims, the statute of limitations typically begins from the date of death
When suing government entities (such as state highway departments), special notice requirements may apply with even shorter filing deadlines
Some states may allow for a “discovery rule” extension if the defect wasn’t immediately apparent

Consulting with an attorney promptly after a guardrail accident is crucial to ensure your claim is filed within the appropriate timeframe for your state.

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Frequently Asked Questions

Can I file a lawsuit if I was injured due to a faulty highway guardrail?

Yes, if you were injured due to a faulty highway guardrail, you may be eligible to file a lawsuit against the manufacturer, installer, or responsible government entity. This can help you recover compensation for medical bills, lost wages, and other damages.

What are the common defects associated with highway guardrails?

Common defects in highway guardrails include poor design, substandard materials, improper installation, and failure to perform as intended during a collision, such as spearing or buckling instead of deflecting the vehicle.

Who can be held liable in a highway guardrail lawsuit?

Liability in a highway guardrail lawsuit can extend to the manufacturer of the guardrail, the contractor responsible for its installation, and potentially government entities if they failed to properly oversee or maintain the guardrail system.

What modifications did Trinity make to their guardrail systems?

Trinity narrowed the channel through which the guardrail extrudes by an inch (from 5″ to 4″), which causes it to jam inside the channel, impaling oncoming vehicles rather than properly absorbing impact as designed.

How many states have banned Trinity guardrails?

More than 30 states have banned the installation of Trinity ET-Plus guardrail systems pending further safety testing and investigation into their performance during crashes.

What was the outcome of the whistleblower lawsuit against Trinity?

A federal jury found Trinity guilty of defrauding the U.S. government, initially awarding $175 million in damages, which was later increased to $663 million under federal law. Whistleblower Joshua Harman received $199 million plus attorney fees.

What should I do if I believe my accident involved a defective guardrail?

If you believe your accident involved a defective guardrail, you should document the scene if possible, seek immediate medical attention, report the incident to police, gather any witness information, and contact an experienced product liability attorney to evaluate your potential claim.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for guardrail injuries. State statutes of limitations restrict how long you have to file a claim, typically between 1-3 years from the date of injury depending on your state.

The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Highway Guardrail Lawsuits. We are handling individual litigation nationwide and currently accepting new guardrail injury and death cases in all 50 states.

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