Defective Guardrails

Defective Guardrails

Saltz Mongeluzzi Barrett & Bendesky are heavily involved in product liability litigation with Trinity Industries over its guardrail end terminals. We are currently handling 5 of these cases in Pennsylvania, Virginia, North Carolina and Arizona.

We are actively supporting research studies of historical crash data concerning the effectiveness of Trinity's end terminals, and developing protocols for product testing. We are working closely with members of the legal teams for Joshua Harman, the guardrail installer and whistle blower.

The problem with the Trinity ET Plus is that the end terminals manufactured between 2005 and 2012 do not work as intended in crashes. Specifically, the end terminals fail to absorb crash energy by riding down the guardrail as intended. Instead, energy is transferred into the guardrail itself, causing it to deform into a high energy spear, impaling the occupant compartment of passenger vehicles. The specific defects in the Trinity ET Plus are all seemingly small changes (1" or less) in the dimensions of two components: the exit gap through which W-guardrail is extruded during a crash, and the height and width of the feeder chute.

Our Goal

Practitioners must be on the lookout for vehicle vs. guardrail crashes in which guardrail deformed and entered the passenger compartment. Often, these crashes don't look like potential cases because they involve drivers who were distracted/tired/impaired enough to leave the road at highway speed and strike the end terminal in the first place. But end terminal impacts are foreseeable: that's why they exist in the first place. And it's foreseeable that the impacts will occur at highway speed: that's what they're designed for. Trinity is facing increasing media scrutiny, and more state DOT's are reviewing their use of these products each week. Let's work together to get these failing end terminals off American highways.

Defective Guardrails Attorneys

David L. Kwass
David L. Kwass Partner

Office: 215-575-2978
Mobile: 215-518-0467