California guardrail subject of multiple injury lawsuits
Guardrail manufacturer accused of compromising safety for sake of profits
A Texas jury has found that a guardrail manufacturer illegally changed the design of one of its guardrails without notifying federal authorities or conducting additional safety tests, according to the Sacramento Bee. The guardrail is used on California highways and is also the subject of a number of lawsuits by California residents who say the faulty guardrails have led to unnecessarily severe car accidents, reports KABC News.
Design altered in 2005
The manufacturer, which is based in Texas, was recently found guilty by a jury in that state of violating the False Claims Act. In 2005 the company modified the design for the end terminal of the guardrail, but it did not notify federal regulators of the change as it was required to by law. The company has been ordered to pay $175 million in damages to the federal government, although the final dollar amount could still be adjusted significantly. The company has indicated it will appeal the decision.
Critics say the design has caused the guardrails to malfunction during accidents. Internal company emails obtained by the media suggest that a decision to reduce a key component of the end terminals from five inches to four inches may have been motivated by a desire to save money. The company denies those allegations.
California lawsuits
The guardrail is supposed to cushion the impact of an accident and guide vehicles off the highways and out of harm's way. Instead, a number of crashes, including some in California, show the guardrail ribbon becoming jammed and piercing through vehicles.
A number of Californians who were in car accidents involving the guardrail are now suing the manufacturer. They contend that the malfunctioning guardrail led to needlessly severe injuries. So far Caltrans has said it has no plans to remove the guardrails from the state's highways and says that it does not keep track of how many of the guardrails are currently in use in California. Nevada, Missouri, Massachusetts, and Virginia have already stopped using the guardrails until further tests can verify their safety.
Car accident lawsuits
A car accident can lead to serious injuries that, in the worst cases, may permanently alter a person's life. Not only do victims of serious car accidents have to contend with the physical and emotional pain following a wreck, but they often also have to deal with costly medical bills and loss of income from time taken off work. Furthermore, as the above story shows, some car accidents may at least partially be due to poor highway design rather than a driver's actions.
A person who has been injured in a car accident should contact a personal injury attorney as soon as possible. While victims are recovering from their injuries, an experienced attorney may be able to help them recover compensation to help deal with the often severe financial burden that follows an accident.
