The issues with Trinity guardrail defects were first exposed in 2012 when whistleblower Joshua Harman filed a lawsuit against Trinity Industries in 2012. Mr Harman was a competitor of Trinity Industries and at the time he was involved in a patent dispute with Trinity. Mr Harman discovered that Trinity has changed the design of it's ET-Plus line of guardrails in 2005, saving Trinity what amounted to approx a quarter of a million dollars per year. He also discovered that in this design change the guardrails would not deflect a car/truck in an accident it would instead "jam up" or break and thus make the guardrail unable to be re-used (thus requiring more guardrails to be purchased, thus improving sales/profit margins). However, Trinity never alerted to the government that it was making a critical and deadly changed to the design. Trinity would later go on to lose that Whistleblower lawsuit and were found guilty of fraud and thus liable for $1 billion in damages.
After the whistleblower lawsuit was ruled on, individual guardrail accident lawsuits and wrongful death lawsuits began to be filed around the country. Trinity Industries changed the design of it's ET-Plus in 2005 without contacting the proper authorities. Trinity also did not conduct proper crash tests for it's ET-Plus in 2005. This causes accidents to not defect away from guardrails as intended, but the guardrails tear into the car and injure drivers and passengers. A 18 years man lost his leg when a guardrail tore through his car. There have been reports of at least 14 Defective Guardrail lawsuits filed as of Nov 2014. There have also been reports of at least 4 defective guardrail wrongful death lawsuits. In Sept of 2014 the Safety Institute published a study that found that Trinity's ET-Plus was 3 times more likely to cause a guardrail fatality than it's major competitor. The study which was done by engineers at the University of Alabama also found that Trinity's guardrail's were 36% more likely to cause an accident injury.
Brent Coon and Associates has extensive experience auto accident lawsuits including the General Motors Recall Litigation and will now include the Trinity Defective Guardrail litigation. Each Defective Guardrail lawsuit is different and our Defective Guardrail lawyers will guide you through the steps of a Guardrail Lawsuit required to ensure you maximum recovery. Complete the form to the right to have our Defective Recall Lawyers review your claim for free.
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