Highway Guardrails Dangerous for Drivers

 Posted on December 00,0000 in Car Accidents

Guardrails, positioned throughout major highways in Illinois, are supposed to help save lives, rather than destroy them. The head model for guardrails changes in 2005, and some lawsuits allege that these safety mechanisms have only gotten more dangerous over time, leading to dangerous car accidents.

For example, in Tennessee in 2008, an 18 year old passenger experienced traumatic leg injuries when the guardrail came through the truck floor. Two years later, a mother passed away after a guardrail spliced through her SUV.

According to whistleblower Josh Harman, these stories are becoming all too common. He pursued a lawsuit against the manufacturer of the majority of these guardrails, Trinity Industries. Harman alleges that the new heads in recent models of the guard rails are smaller, meaning that they don’t operate properly and can actually do more harm than good. Harman discovered the issue in a recent patent dispute with Trinity.

The guardrails are in use across the country and even around the world in 60 countries. The older model was about five inches across and more than a foot high. The newer heads are instead four inches across, which Harman believes forces them to shoot through a vehicle similar to a projectile. Harman alleges that guardrail makers are required to report changes in their model to the Federal Highway Administration, a move which he thinks Trinity never made.

During a deposition in the patent lawsuit where Harman first raised his concerns, an official from the Federal Highway Administration had a draft letter asking Trinity about the changes, although that letter was never sent.

Defective products that fail to be tested or fully explored during appropriate channels can have major consequences for the public. Injuries and death have already been linked to these guardrails, and it’s likely that further stories will continue to emerge. If you have been injured as a result of a defective product, you need the guidance of an experienced Illinois personal injury attorney.