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Could the guardrails meant to keep us safe be putting us at risk?

On behalf of David Yokel

Guardrail safety is the topic of several ongoing lawsuits

If an industry insider with years of experience in highway safety and construction issues is to be believed, the very guardrails (installed along a huge chunk of roadways across South Carolina and around the entire country) designed to absorb the impact of a car accident could actually be putting vehicle occupants at risk for catastrophic injuries.

Joshua Harman, a self-described highway safety expert, has brought a suit against one of the nation's largest guardrail manufacturers alleging that the company made significant modifications to the rails following rigorous pre-approval testing by the Federal Highway Administration back in 2005. Harman believes that those modifications, which include reductions in the width and height of the so-called "head" of a particular type of guardrail (the ET-Plus) manufactured and distributed by Trinity Highway Products LLC.

Harman's lawsuit alleges that Trinity's modifications, which weren't revealed to the FHWA until 2012, change the way in which a guardrail's "end terminal" functions in a car accident, causing the guardrail to lock up and possibly pierce the passenger compartment of a vehicle that strikes it. End terminals should actually absorb the impact of a crash and deflect the guardrail away from a vehicle in a crash.

However, if the system designed to deflect the steel rail away malfunctions or fails somehow, the vehicle will essentially travel along the path of the rail as mounted, allowing the rail itself to forcibly enter the cabin of a car or truck. Should this happen at a high speed, occupants could be seriously injured or killed by the guardrail. Harman alleges that he has gathered anecdotal evidence from several victims across the country who lost limbs or suffered other severe injuries from the rail invading the passenger area of their vehicles.

A spokesperson for Trinity portrays Harman's allegations as the ravings of a bitter man who lost a patent infringement suit against them, and says that the lawsuit against the company is a frivolous one. The case is set to begin in July, so only time will tell how the proverbial chips will fall.

In the meantime...

In the meantime, the best way to avoid possible injury from a malfunctioning guardrail is to avoid an accident in the first place. The best defense is a good offense, and in this case, that means not driving while intoxicated, distracted or fatigued, following all traffic safety laws, paying attention to weather and traffic conditions, safely maintaining the vehicle and not speeding.

Even if you are an excellent driver who does everything right, it is still possible to be involved in an accident due to the careless, reckless or negligent actions of another motorist. Have you or a loved one been injured in a car accident with a drunk, distracted or speeding driver? Are you concerned about the medical bills, property damage and lost wages resulting from the crash? Would you like to learn more about holding the responsible parties accountable for the injuries they inflicted upon you? If the answer to any of these questions is "yes," speak with a personal injury attorney today to learn about legal options at your disposal.

Keywords: car accidents, guardrails, distracted driving

Skilled Attorney

David Yokel is dedicated to effectively handling your case. He is a skilled negotiator and in-court advocate who will seek the best possible outcome for you and your family. He is direct in his approach and in the advice he provides. Whether your case requires fighting against an insurance company for fair compensation or standing up to a spouse in a difficult divorce, you can rely on David Yokel to be by your side every step of the way.

David M. Yokel, Attorney at Law

From Greenville, South Carolina, David Yokel serves clients throughout Upstate South Carolina and Spartanburg, with their Personal Injury, Family Law, and Work Injury matters.

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