A Texas-based company has recently come under scrutiny for injuries and deaths allegedly caused by a guardrail it manufactures, which borders roads throughout the country. As the investigation continues, another person has lost his life, allegedly because of the failure of one of the rails.
The guardrail in question is manufactured by a Dallas based company. Allegations are that it does not respond to impact as it should, actually having the potential to penetrate a vehicle rather than bending away from it.
In the recent accident, the guardrail allegedly failed altogether, causing the young man's car to sail past the area that should have been protected, hit a pole and flip upside down. The victim was a former high school and college football player who had even tried out for the NFL.
Whether the driver was impaired in some way or distracted at the time of the accident is not necessarily relevant in terms of the integrity of the guardrail. While some form of intervening circumstance may have started the chain of events that caused the accident, the guardrail is there for a reason: to protect those who may veer from the roadway for any reason. Another guardrail maker who has sued the manufacturer of these rails says that the victim should have survived the crash but for the failure of the rail.
The guardrail, known as ET-Plus, has ben banned in 39 states. As investigations continue into accidents, injuries and unfortunate deaths that could have involved the guardrail defects, more lawsuits may be filed against the company.
Products liability is a complex area of the law, which requires proof of numerous issues on the part of the injured party. An attorney who has experience with products liability cases can be a crucial part of any attempt to recover compensation for any loss that can be attributed to the defective product.
Source: ABC7, "Football star dies after crashing into controversial guardrail," Dan Noyes, Nov. 6, 2014