Guardrails are supposed to protect drivers when a car veers off a roadway. However, in some cases, defective guardrails – specifically the ends of the metal structures — have caused injury and death to vehicle operators and passengers.
When a car or truck strikes the end terminal of a guardrail head-on, the guardrail is supposed to absorb the energy by collapsing into itself or coiling away. In many accidents nationwide, though, guardrails have failed and instead served as giant spears, moving into and through vehicles. Occupants have been impaled and killed or had limbs severed in such occurrences.
If you or a loved one suffered severe injury due to a suspected defective guardrail, you may have grounds for a product liability lawsuit. Kline & Specter, PC, with more than 50 attorneys, has the experience and expertise to pursue such cases.
Guardrail Injuries in the News
In a highly publicized case, a jury in a whistleblower lawsuit awarded $175 million against Trinity Industries for making a critical change in its ET-Plus guardrail system and failing to inform federal regulators as required. A federal judge tripled the award to $525 million and ordered the company to pay another $138 million in civil penalties.
According to news reports, Trinity shaved one inch of metal off its end terminals to save money. However, company officials denied the change was a money-saving move.
In at least 42 states, new installations of these faulty guardrails were banned. However, many defective and poorly designed guardrails still exist on highways nationwide.
Common Guardrail Injuries
Guardrail injuries often result from motor vehicle accidents involving guardrails that fail to function as intended or cause additional harm. Here are some common guardrail-related injuries:
- Head and Brain Injuries
- Concussions
- Traumatic Brain Injuries (TBI)
- Skull fractures
- Neck and Spinal Cord Injuries
- Whiplash
- Herniated discs
- Partial or complete paralysis due to spinal cord damage
- Chest and Abdominal Injuries
- Broken ribs
- Internal organ damage
- Punctured lungs
- Limb Injuries
- Fractures in arms or legs
- Amputations caused by guardrails piercing the vehicle
- Facial and Dental Injuries
- Lacerations to the face
- Broken or lost teeth
- Eye injuries
- Soft Tissue Injuries
- Severe cuts and lacerations
- Bruising and contusions
- Muscle strains or tears
- Burns and Scarring
- Burns from vehicle fires following impact
- Scarring from sharp edges or post-accident surgery
- Psychological Injuries
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety or depression related to the accident
Types of Guardrail Defects That Cause Injuries
Guardrail defects can significantly increase the risk of severe injuries. Listed below are some common types.
Improper Installation
Guardrails set too low or too high may fail to prevent vehicles from going over or under the barrier. Weak or poorly installed anchor systems could also cause the guardrail to detach upon impact.
Defective End Terminals
End terminals sit at the end of guardrails and are meant to reduce the risk of injury and death in vehicle crashes. In some cases, end terminals can act as spears, penetrating vehicles and causing severe injuries.
Older models, like blunt-end terminals, may also lack modern safety features and can exacerbate injuries.
Poor Maintenance
Rusty or corroded guardrails weaken over time, making them less effective at absorbing impact. Missing bolts, posts, or other parts can also compromise the guardrail's integrity.
Substandard Materials
Guardrails made from low-quality steel or aluminum could buckle or break upon impact, failing to protect occupants. Without proper weather-resistant coatings, materials also deteriorate faster, reducing their effectiveness.
Design Flaws
Some guardrail designs fail to dissipate the force of a crash, causing more severe injuries. Poorly designed or manufactured guardrails may also include dangerous sharp edges that cause lacerations or vehicle penetration.
Who Can Be Held Responsible for Guardrail-Related Injuries?
Determining responsibility for guardrail-related injuries involves identifying the parties whose actions or negligence contributed to the damage. Some potential parties that could be held accountable include:
- State or Local Departments of Transportation: They may be liable for improper installation, poor maintenance, or failure to replace outdated or damaged guardrails.
- Guardrail Designers: If the guardrail's design is inherently flawed (e.g., end terminals that act as spears), the company that created the design could be liable.
- Guardrail Manufacturers: Defective materials, substandard manufacturing processes, or failure to warn about potential dangers may place liability on the manufacturer.
- Contractors and Construction Companies: Companies hired to install, repair, or maintain guardrails could be responsible if their work was negligent or failed to meet safety standards.
- Third-Party Maintenance Companies: Private companies contracted to maintain roads and guardrails may be liable if poor upkeep or inadequate repairs cause an injury.
Why Choose Kline & Specter?
With over 50 attorneys, including five medical doctors – more than any other firm in the U.S. – Kline & Specter provides unparalleled expertise.
Our firm is renowned for securing hundreds of multi-million-dollar verdicts and settlements, including record-setting and billion-dollar awards, delivering exceptional results. Beyond winning monetary compensation, Kline & Specter's advocacy also drives meaningful change, prompting safety reforms in government and industry to prevent future harm.
Discuss Your Case Today
Kline & Specter represents people who have suffered serious injuries in accidents involving defective, outdated, or improperly installed guardrails. Contact us through this form or by calling us at 215-772-1000.
Kline & Specter provides free and confidential evaluations of potential cases. We handle cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, our law firm works with local attorneys in each state as applicable.