A business owner turned safety advocate is suing one of the biggest guardrail makers in the United States, claiming that modifications to the company’s guardrail ends changed them from impact-absorbers into lethal spears, Bloomberg reports.
The whistleblower suit, filed by Joshua Harman, alleges that Trinity Highway Products LLC changed the dimensions of its ET-Plus end terminal without notifying the Federal Highway Administration (FHWA).
The energy-absorbing end terminal is designed to give way when struck and lessen the severity of a motor vehicle impact. According to Harman’s lawsuit, however, Trinity made undisclosed design alterations between 2002 and 2005 that cause the ET-Plus to lock up and spear vehicles.
Hundreds of Thousands of ET-Plus Units in Use
Several hundred thousand ET-Plus end terminals are installed on guardrails across the country. They were approved by FHWA authorities in 2000 and successfully crash-tested by the agency in 2005, FHWA spokesman Neil Gaffney told Bloomberg.
That same year, court filings show, Trinity made four “fabrication revisions” to the ET-Plus that the company claims were meant “to enhance the already demonstrated performance of the system in the field.” Harman counters that Trinity made the move to lower manufacturing costs and make the ET-Plus more difficult to reuse after accidents, necessitating the purchase of new ones by highway authorities.
Measurements by Harman purportedly show that Trinity decreased the dimensions of the ET-Plus compared to the FHWA-approved version. The narrower dimensions in theory cause a locked mechanism that endangers motorists. By Harman’s account, around 20 car accident deaths are linked to the newer version of the ET-Plus.
Harman set out on a road trip to investigate accidents that involved the ET-Plus guardrail ends.
At an Arkansas crash site, Harman found what he’d been looking for: a guardrail that was narrower at one point than in the original. From that point on “There was no question” in Harman’s mind that the smaller versions of the ET-Plus were the problem.
He filed suit against Trinity in March 2012. The case is scheduled to go before a jury in July. As much as $1 billion could be at stake in the lawsuit.
State highway departments – including Florida’s – have purchased and installed the ET-Plus. Florida Department of Highway Safety and Motor Vehicles data show six fatal vehicle accidents and 159 injuries involving guardrail ends in Florida in 2012.
A business owner turned safety advocate is suing one of the biggest guardrail makers in the United States, claiming that modifications to the company’s guardrail ends changed them from impact-absorbers into lethal spears, Bloomberg reports.
The whistleblower suit, filed by Joshua Harman, alleges that Trinity Highway Products LLC changed the dimensions of its ET-Plus end terminal without notifying the Federal Highway Administration (FHWA).
The energy-absorbing end terminal is designed to give way when struck and lessen the severity of a motor vehicle impact. According to Harman’s lawsuit, however, Trinity made undisclosed design alterations between 2002 and 2005 that cause the ET-Plus to lock up and spear vehicles.
Hundreds of Thousands of ET-Plus Units in Use
Several hundred thousand ET-Plus end terminals are installed on guardrails across the country. They were approved by FHWA authorities in 2000 and successfully crash-tested by the agency in 2005, FHWA spokesman Neil Gaffney told Bloomberg.
That same year, court filings show, Trinity made four “fabrication revisions” to the ET-Plus that the company claims were meant “to enhance the already demonstrated performance of the system in the field.” Harman counters that Trinity made the move to lower manufacturing costs and make the ET-Plus more difficult to reuse after accidents, necessitating the purchase of new ones by highway authorities.
Measurements by Harman purportedly show that Trinity decreased the dimensions of the ET-Plus compared to the FHWA-approved version. The narrower dimensions in theory cause a locked mechanism that endangers motorists. By Harman’s account, around 20 car accident deaths are linked to the newer version of the ET-Plus.
Harman set out on a road trip to investigate accidents that involved the ET-Plus guardrail ends.
At an Arkansas crash site, Harman found what he’d been looking for: a guardrail that was narrower at one point than in the original. From that point on “There was no question” in Harman’s mind that the smaller versions of the ET-Plus were the problem.
He filed suit against Trinity in March 2012. The case is scheduled to go before a jury in July. As much as $1 billion could be at stake in the lawsuit.
State highway departments – including Florida’s – have purchased and installed the ET-Plus. Florida Department of Highway Safety and Motor Vehicles data show six fatal vehicle accidents and 159 injuries involving guardrail ends in Florida in 2012.