19 Dec Accident Victim Files First Lawsuit Against Defective Guardrail Manufacturer Trinity Industries
Following last month’s $175 million verdict against ET-Plus guardrail manufacturer Trinity Industries, one victim has filed the first product liability lawsuit related to the guardrail’s design in federal court.
When we think of product liability we usually think of consumer products, but there are times when other types of products are involved as well. This is the subject of the lawsuit that was brought against Trinity Industries (a Dallas-based guardrail manufacturer) which accuses Trinity of failure to disclose defects in the guardrails.
Overview of the Lawsuit
As the result of a car accident, the victim filed a lawsuit on November 14th, 2014, Her lawyers believe this is only the first of many individual claims likely filed against Trinity. According to the victim’s complaint, she fell asleep at the wheel on November 29, 2013 which caused her vehicle to collide with a guardrail. She alleges that because the guardrails were defective, the accident caused the guardrail to pierce the passenger area of the car. This led to her injuries according to the lawsuit as The Hogle Law Firm reports the lawsuit also refers to the October 20th jury verdict in which they favored a whistleblower who claimed Trinity knew about the dangerous conditions the guardrail system presented.
While this lawsuit is the first one filed, there are approximately twenty other accident victims who have retained the same law firm to file complaints against this manufacturer. The majority of the clients contacted the company’s lawyers following the whistleblower verdict on October 20th.
Even though the victim fell asleep at the wheel and thus left the road, this factor is irrelevant regarding claims against the manufacturer of the guardrails. A spokesperson from Trinity would not comment on the litigation..
Follow Up to the Jury Verdict
A federal jury issued a verdict of $175 million againts Trinity Industried for its part in withholding information regarding changes to its highway guardrail end caps. The judge has not yet made a decision about the penalties he may impose on Trinity, but a company lawyer stated that amount could be as much as $1 billion.
The company stated that they plan to fully cooperate with all of the instructions from the court, including attending mediation. They feel certain that the verdict by the jury will not lead to any type of legal scrutiny against them. According to the original lawsuit, the company made changes to its ET-Plus guardrail system without notifying the government. These changes made the guardrails dangerous because they had the capability of impaling a car in the event of an accident.
Once the company engages in mediation, there is a possibility that the company may have to recall the ET-Plus guardrail system. Of course, the U.S. government may possibly initiate a recall without instructions from the court or mediator. The major focus is to ensure everyone works together in order to ensure driver safety.
Trinity has faced at least ten lawsuits this year related to the guardrails. Those lawsuits claim that the devices were responsible for three deaths and nine injuries. Jurors in the initial whistleblower lawsuit did not determine whether the guardrails were defective or not.
As a result of complaints about the guardrails, the Federal Highway Administration (FHWA) has ordered retesting of the guardrails. Many states (including Texas) have already discontinued further installation of the ET-Plus guardrails in light of the controversy concerning their safety.
If you have been injured in an accident involving a guardrail that you believe further contributed to your injuries, our firm can help you recover the compensation you deserve. Please call our office at 1-877-659-1620 to schedule a free consultation with one of our Texas car accident lawyers.
1-877-659-1620
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