Guardrail Injury Lawsuit. If you have been injured by a guardrail, talk to a Board Certified Lawyer today. Free Case Review. No Free Unless We Win.
Guardrails are supposed to protect us from driving off roadways. So why are guardrail injury lawsuits being filed across America?
The answer involves allegedly defective ET-Plus guardrails manufactured and sold by Trinity Industries of Dallas, Texas. The guardrails in question reportedly were secretly modified to save a fraction of their cost, without notifying federal authorities, and that modification then led to devastating guardrail failures and catastrophic accidents and injuries, along with reportedly five deaths.
If your family desires to explore a possible guardrail injury lawsuit, you’ve come to the right place. The Willis Law Firm has decades of experience helping individual Americans who were harmed by the negligence of other persons or by monolithic corporate entities. We can fight for your legal rights, too, but first we need to hear from you.
Please submit the free case review form on this page or call our toll-free number. You will quickly be offered a free legal evaluation of your case, and then you can choose if you want to proceed with a guardrail injury lawsuit.
Successful Guardrail Lawsuit
Already, a hugely successful guardrail lawsuit has been won by plaintiffs. Here’s the timetable involved:
- In October of 2014, a Texas jury in a whistleblower lawsuit filed by former Trinity competitor Joshua Harman found Trinity liable for defrauding the FHWA, or Federal Highway Administration. Under the False Claims Act, the jury’s award of $175 million was tripled to become $525 million.
- Then, in June of 2015, a federal judge in Texas made a $663 million judgment against Trinity Industries stemming from the 2014 trial. Judge Rodney Gilstrap of United States District Court ordered Trinity to pay civil penalties of $138 million, added to the $525 million award previously made.
According to the New York Times, the additional civil penalties amounted to $8,250 for every one of 16,771 false certifications presented to the federal government and other entities in order to receive payments for the guardrails. Also specified were almost $19 million in legal fees and expenses awarded to Harman’s legal representatives.
Judge Gilstrap acknowledged “substantial evidence” indicating that Trinity decided to modify its guardrails, hide these modifications and falsely assert that the guardrails had been accepted by the FHWA.
The guardrail defects in question involve a modification of just one inch in the end terminals of the ET-Plus guardrails sold by Trinity. By reducing the element from five inches to four inches, the guardrails reportedly failed to ribbon away and slow down a vehicle’s impact when the end of the guardrails were struck head-on.
The successful guardrail lawsuit brought by Harman cited this modification and Trinity’s failure to notify federal regulators of the change, which should have been tested prior to a decision on approving or unapproving the modification. Instead, the modified guardrails were sold to states across the country.
However, since the successful guardrail lawsuit, dozens of states reportedly have outlawed the use of ET-Plus guardrails which they’d been paying to get. Though Trinity has disputed the claims against it, the Times reported that Trinity stopped selling the guardrails temporarily. However, a guardrail recall has not yet been issued.
More Guardrail Lawsuits
A minimum of 14 more guardrail injury lawsuits have been filed following crashes which reportedly have included five deaths and many severe injuries, including amputation of drivers’ legs and feet.
In the meantime, the FHWA has ordered testing on the modified guardrails.
Also, the Department of Transportation and Department of Justice reportedly have launched a joint criminal investigation into Trinity and its dealings with the FHWA.
Get a Guardrail Injury Lawyer
If a member of your family was injured or killed because of a defective guardrail, you can take some comfort that you can file a guardrail injury lawsuit to claim financial damages and possibly contribute to greater safety in the process.
To do so, simply call the Willis Law Firm’s toll-free number or fill out our free case review form found on this page. Then we will quickly get back to you with free legal advice about your case and your potential guardrail lawsuit.
And rest assured you won’t be asked to pay up-front legal fees or “billable hours.” Instead, our law firm works on a contingency fee basis, meaning we’re only paid if we win your case, and then only from a portion of the settlement gained for you.
Your family’s financial future may be at stake. Notify us today about your guard accident injury claim.