Across Canada, transportation safety officials are eager to receive test results which would determine what should be done with thousands of allegedly defective guardrails manufactured by Trinity Industries, Inc. and used throughout the country.
At issue is the safety of the guardrails themselves. Rather than protecting motorists in a crash, Trinity's ET-Plus System roadside barricades may pierce vehicles that strike them during an accident. The end terminal pieces jam when struck, so instead of absorbing crash forces, the Trinity guardrails allegedly defective design heightens the risk of injury or death.
Several provinces have chosen to stop installing the guardrails, as estimates for the cost of removal are as high as tens of millions of dollars.
Now, lawsuits have been filed on behalf of all affected Canadian jurisdictions alleging Trinity made unauthorized design changes to its guardrails design which led to the defects in question. The suit further alleges that Trinity failed to warn anyone of the potential for serious failures, and that the manufacturer had knowledge of these risks.
This is the latest development in a series of events that began last year. In October, a Texas jury found that Trinity Industries guardrail system was changed without authorization, and that the company had defrauded taxpayers $175 million in the process. Evidence revealed that Trinity saved millions of dollars by choosing not to swap the faulty end terminal with a replacement that would have cost only $2 per piece.
Results of U.S. safety testing are still pending, and six U.S. senators just asked for an investigation to be conducted into the Federal Highway Administrations monitoring of roadside safety devices.
This issue continues to affect many provinces in Canada, as each will have to decide what to do with the guardrails until test results are announced. Provinces must decide whether to remove or maintain the guardrails as they are, which may continue to put the safety of Canadian motorists everywhere at risk of serious harm.
You Have the Right to File a Claim if Trinity's Defective Guardrails Harmed You
If you or someone you love was harmed in a car accident that involved one of Trinity's defective guardrails, you have the right to recover compensation for what was taken from you.
Contact Greg Monforton & Partners today to discuss your legal options.