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Virginia Sues Trinity Industries Over Guardrail Design Change

The Commonwealth of Virginia has announced that it is suing Trinity Industries, alleging the company sold it thousands of defective highway guardrail systems.

The Commonwealth of Virginia has announced that it is suing Trinity Industries, alleging the company sold it thousands of defective highway guardrail systems. The complaint accuses Trinity of fraud, deceit, and the sale of “unapproved products that had not been properly tested to ensure they would keep motorists safe.”

Free Highway 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 we can help.

What’s the Problem?

The lawsuit was filed against Trinity Industries under the Virginia Fraud Against Taxpayers Act, and alleges that the company falsely represented the modified ET-Plus guardrail end terminal as approved for use and federal reimbursement in VA. The complaint follows an October whistleblower lawsuit in which a jury found that Trinity had defrauded the U.S. government of $175 million — which under federal law will be tripled to $525 million.

“It is shocking that a company would think they could secretly modify a safety device in a way that may actually pose a threat to Virginia motorists,” said VA Attorney General Mark Herring.

The lawsuit was announced as Trinity kicked off a series of government-mandated safety tests on its guardrail systems. Trinity barred the media from viewing the tests; however, the New York Times was able to obtain aerial footage of the first test.

Trinity began by crashing a pickup into the guardrail at 15°, an angle some critics have called unrealistic and only attempted to ensure that the guardrail would not cause serious intrusion into the vehicle. As you can see in the video, the impact angle causes the truck merely to glance off the guardrail. The end terminal is not engaged down the rail and there is no ribbon of flattened guardrail exiting the end terminal. For this reason, the test was essentially meaningless for evaluating the alleged defect.

Do I Have a Highway Guardrail Lawsuit?

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.

Free Highway Guardrail Lawsuit Evaluation: Again, 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 Guardrail Suit and we can help.

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