Highway Guardrail Lawsuit Alleges Lethal Design Flaw

Whistleblower says manufacturer changed guardrail design without federal approval

A highway guardrail that is used in Oklahoma and across the U.S. is coming under fire due to an alleged design flaw that could lead to severe car accidents, according to Fox23 News. One man who used to manufacture the guardrails has turned whistleblower, alleging that the company that designed the guardrails changed their design without approval from federal authorities. He has launched a whistleblower lawsuit against the Dallas-based company that is expected to begin soon.
Guardrail meant to guide vehicles off road

As Bloomberg reports, the guardrails are fitted with an impact plate at the end terminal that are designed to make vehicle accidents safer for drivers. When a vehicle hits the impact plate, the steel ribbon of the rail is meant to curl away from the road, slowing the vehicle and directing it away from oncoming traffic.

The problem, however, according to one whistleblower is that the guardrails are failing to do their job properly. In some cases, instead of curling away from the road, the rail is forming a wedge shape that then pierces through the passenger side. In one case in North Carolina, a former Marine alleges that the wedged guardrail pierced through his car and severed both of his legs.
Design changed without authorization

The whistleblower alleges that the reason the guardrails are turning into a dangerous wedge is because of a change in design made by the manufacturer. In his lawsuit, the whistleblower says that the guardrail’s dimensions were reduced without authorization from federal authorities. The reduced dimensions are claimed to make the steel ribbon lock up, preventing them from curling away from the road as they are meant to.

In Nevada, the state’s Department of Transportation has removed the guardrails from a list of approved guardrails because of the unauthorized design change. The move means that while the guardrails that currently exist in the state will not immediately be replaced, whenever a guardrail needs to be removed it will be replaced by one that meets design authorization. The Oklahoma Department of Transportation, meanwhile, continues to insist that the guardrails on Oklahoma’s highways are safe and function as intended.
Motor vehicle accidents

A motor vehicle accident is often one of the most traumatic events that many people will go through. Furthermore, as the above article shows, various factors can determine how severe a particular accident is for victims.

Anybody who has been injured in an accident should contact a qualified personal injury lawyer as soon as possible. A personal injury lawyer will not only fight to make sure an accident victim receives any due compensation, but can help make sure that the victim is treated fairly and compassionately by the legal system.