Who is at fault for injuries caused by defective guardrails?
Who is at fault can depend on what caused the accident, or, what made the accident worse. Liability can be based on the following involving guardrail accidents:
- Product Liability
- Premises Liability
The group, company, or individual responsible for guardrail accident liability may include the following:
- Guardrail designer, manufacturer, distributor or vendor
- Construction company
- Local, state or federal government
- Individual employee
One guardrail manufacturer, Trinity, has been subject to numerous lawsuits. According to The Safety Institute, Trinity changed the initial design of the ET-Plus guardrail, neglected to disclose the changes made, and later made changes that altered the original design in order to save the company around $50,000 annually . The Safety Institute’s case-control study, in-Service Evaluation of FHWA-Accepted Guardrail Terminals, revealed that the Trinity ET-Plus design was nearly 3 to 4 times more likely to produce a fatal auto accident involving guardrail crashes compared to the ET-2000 design .