Pennsylvania Suspends Installation of Guardrails March 30, 2018
Pennsylvania is the latest state in the nation to suspend installation of X-Lite Guardrail End Terminals from all state roads and highways. New York, Connecticut, New Jersey, Colorado, Delaware, and Vermont are among the 11 states across the country that plan to remove these guardrails after they have been implicated in 13 fatal car accidents across eight states. Although Pennsylvania has not reported any fatalities connected to the guardrails, the Department of Transportation is acting upon the concerns expressed by other states.
Following investigations of several fatal car accidents involving the X-Lite guardrail end terminals, findings reveal that the guardrails failed to act as designed upon impact with a motor vehicle. The guardrail’s end terminals are designed to telescope and slide past each other, but instead, they became a lethal spear that broke through the vehicle’s exterior and impaled those in the car. Fatal injuries resulted when the metal pieces pierced the victim’s body.
Five lawsuits have been filed claiming that the Lindsay Corporation, which manufactures the X-Lite guardrail end terminals, is responsible for the defective design of the product, as well as deceptive advertising and negligence. The lawsuits further claim that the Lindsay Corporation should have known about the inherent risks associated with their product and is responsible for the improper installation of the guardrails. Victims injured in accidents involving the X-Lite guardrails may be eligible for compensation and damages relating to bodily injury, and pain and suffering.
The Lindsay Corporation has defended its X-Lite guardrails, saying that they meet all federal safety regulations and were approved by the Federal Highway Administration in 2011. Investigators have voiced concerns over safety approval as the Lindsay Corporation owns Safe Technologies, Inc., the company that conducted the safety tests that led to the federal approval. In 2016, the Government Accountability Office (GAO) conducted a study that concluded more research and testing was needed to ensure that the guardrails are safe, and that the Department of Transportation must take a more active role in overseeing this process.
The most notorious claim against the X-Lite guardrail came from the family of a victim who suffered fatal injuries after crashing into an X-Lite guardrail. The guardrail pierced the vehicle and her body, causing fatal injuries. Her father took out a televised advertisement during the 2017 Super Bowl to bring attention to the dangers of these guardrails after he received a bill from the state’s Department of Transportation. The DOT asked him to pay nearly $3,000 for the replacement of the damaged guardrail.
Philadelphia Car Accident Lawyers at Galfand Berger LLP Represent Victims Injured by Defective Safety Systems
If you or someone you know has been injured in a car accident due to a defective guardrail or the negligence of another, the experienced team of Philadelphia car accident lawyers at Galfand Berger LLP can help you claim the compensation you may be entitled to under the law. Call us at 800-222-8792 or contact us online to schedule a consultation today. Our Philadelphia, Bethlehem, Lancaster, and Reading offices represent clients throughout Pennsylvania and New Jersey.