So now lawyers do not have to be
ambulance chasers anymore to get clients. Clients are now half dead all over
American highways because of faulty guard rails. A landmark legal decision over
a hidden hazard all over America’s common roadways in the form of guardrails
has been made. It is a major case where victims alleging that design flaws in
the rails maims and kills people. The verdict came in after a growing number of
law suits came in where highway guardrails that are meant to protect instead
killed or almost killed an alarming amount of people in accidents.
People who have been hitting
guardrails during accidents find that the metal can be a long steel rail that
is slicing through SUV’s and other types of vehicles on the road like a thick
sharp spear. People are loosing lives and limbs from the very things that were
supposed to protect motorists on the road. Guardrails are not supposed to be
spears. In test films from as far back as 15 years ago, it shows how a
guardrail is supposed to absorb the impact and even in a head on crash at 60
miles per hour, is supposed to absorb the impact. The truck hits what is called
the end terminal and the guardrail curls off to the side and does not spear the
truck. What went wrong since those
safety videos from as far back as 15 years ago?
Lots of people from across the
country are suing the manufacturer of American guardrails and has finally won a
landmark decision against Trinity Industries of Texas, the maker of all
guardrails. The law suit was based on the question of if this manufacturer hid
a defect in its guardrails for years? There are half a million of possibly
default guardrails on America’s highways
today. The major lawsuit was brought by a competitor of Trinity Industries, Joshua
Harman who says the company tried to save money by quietly making a small
change in the construction of the guard rail reducing the width of it by an inch
from 5 inches to 4 inches in the original design of its main beam which he
testified made a significant flaw. Inches do count.
That loss of an inch in the width
of the main beam makes it a completely different product. There are real life
examples all over American roads of failed guardrails not stopping the impact
of a crash but spearing through a motorist’s car. Despite the growing evidence of gruesome
accidents , Trinity tried to defend their modified product as still being a
safety help on the roads. At first officials accepted Trinities defense by
saying that the new version meets federal safety standards. Recently Joshua
sued again with new evidence.
He had information that Trinity engineers
concluded that they would save a quarter million dollars over five years and
then discussed keeping the change a secret with no announcement. That one inch
change should have been reported to the Federal Highway Administration and was
not disclosed ever. Failed crash tests were seen during the trial but also were
never turned over to the Federal government. The company President, Greg
Mitchell refuses to comment on any allegations discussed in court. After just
three hours of deliberation, the jury came back with the verdict. They awarded
$175 Million dollars and a finding that the company made false statements to the
government.
Three states so far, Nevada,
Massachusetts and Missouri have stopped using the guardrails and more states
are to follow. Under the law for cases of this type, the $175 Million dollar
verdict will be tripled and then more damages could be added on top of that
ultimately possibly reaching a Billion dollars and that is before additional
lawsuits. So, keep away from those deadly guardrails and if you have been
injured because of them go chase a lawyer.
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