The X-LITE guardrail was designed to be safer than traditional guardrails that are prone to failure. However, the company is facing a lawsuit over defective products and faulty design. The plaintiff says they suffered injuries while driving on an X-Lite intersection in Iowa City.
The “class action lawsuits 2020” is a class-action lawsuit that was filed against the manufacturers of the X-LITE Guardrail. The plaintiffs allege that the product caused serious injuries and death, which led to a defective product liability lawsuit.
The X-LITE guardrail end from Lindsay Transportation Systems has now been connected to at least seven fatalities in three states: Tennessee (four), Missouri (two), and Virginia (one) (one).
The guardrail frequently acts as a spear that impales the passenger, resulting in gruesome fatalities. The X-LITE rails penetrate the car and its passengers instead of telescoping (where the rails’ portions move into each other, absorbing the force of the collision).
Families of guardrail victims have filed lawsuits arguing that the guardrail ends were constructed improperly.
Lindsay has disputed any structural or design faults in the X-LITE guardrail ends. The state of Tennessee, on the other hand, will spend $3.6 million to repair 1,800 X-LITE guardrail ends.
Families of those who have been killed by guardrails are also taking action. Several lawsuits have been brought against Lindsay Corp., claiming that the guardrail ends were constructed improperly.
Contact ClassAction.com immediately for a free, no-obligation legal consultation if you or a loved one was hurt or killed by a faulty guardrail. It’s possible that you’re due money for damages.
Guardrail Victims’ Families File Lawsuits
Lindsay was sued by two guardrail victims’ families in Tennessee in June 2017 for false advertising, poor construction, and carelessness. They further claim that the X-LITE guardrails were improperly placed, and that Lindsay “knew or should have known” about the dangers of the company’s goods.
The Tennessee Department of Transportation’s (TDOT) communications director B.J. Doughty confirmed that the X-LITE guardrails “did not operate as they were supposed to” in the deaths of 21-year-old Lauren Beuttel and 18-year-old Jacob Davison (in the same accident).
The guardrails “did not operate as they were meant to,” according to TDOT’s communications director.
“To think that she died senselessly—why that’s we want to raise light to this problem,” Lauren Beuttel’s mother, Ladeana Gambill, told CBS News. So that other people’s children aren’t lost in the same way.”
TDOT commissioner Joan Schroer stated in a letter to the Federal Highway Administration’s (FHWA) Tennessee division that guardrail ends failed to telescope as they should in certain collisions. According to the letter, certain X-LITE instructions that are unclear “may create installation difficulties.”
Steven Eimers, the father of Hannah Eimers, a 17-year-old guardrail victim, battled to get the X-LITE guardrails removed from Tennessee’s highways. “TDOT was fully aware that this was a perilous situation and that it was underperforming,” he claimed.
“They should have taken it down, but their policy was to keep it on the road, putting people’s lives at jeopardy.”
The parent company of X-LITE put its own guardrails to the test.
Lindsay controls Safe Technologies Inc., the lab that performed the safety studies that received X-LITE clearance from the Federal Highway Administration (FHWA) in 2011. This is a red signal in terms of the X-LITE guardrails’ safety.
Lindsay claims the FHWA was notified that it owned Safe Technologies. “The X-LITE guardrail terminal successfully completed accident and safety testing in line with government standards and criteria, and remains certified for use on America’s highways,” the business said in an April statement.
“The Federal Highway Administration’s management of the [crash testing] procedure ignores possible risks to independence.”
Critics argue that additional—and more independent—tests are needed before these guardrails are deployed on roadways; otherwise, real people would be used as guinea pigs or crash test dummies.
“More Robust DOT Monitoring of Guardrails and Other Roadside Hardware Could Further Enhance Safety,” a 2016 report by the Government Accountability Office (GAO), determined that “FHWA’s oversight of the [crash testing] process does not address possible risks to independence.”
That GAO research will not reflect well on Lindsay’s safety testing if these guardrail cases make it to court.
Eligibility for a Guardrail Lawsuit and Compensation
You may be entitled for a guardrail lawsuit if you or a loved one was hurt in an accident caused by a defectively built guardrail (one that failed to telescope as intended), such as the X-LITE.
Compensation for the following may be available via a guardrail lawsuit:
- Injuries to the body, as well as pain and suffering
- Disabilities or physical limitations
- Medical expenses
- Wages lost or earning capacity harmed
- Companionship loss
- Anguish in the mind
- Damage to the vehicle
- Expenses for a funeral (in the case of the death of a loved one)
Obtain a No-Cost Legal Consultation
Only an attorney can tell you whether you have a case against Lindsay or other guardrail manufacturers. Our company has a proven track record of taking on huge corporations, having won more than $4 billion in settlements for our clients. If it means receiving the greatest outcomes, we will not hesitate to take your matter to trial.
To discover more about your rights and alternatives, contact us immediately. Don’t put it off; you could be due money.
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The “open a class action lawsuit” is a legal option that can be taken by people who have been injured by defective guardrails.
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- aqua the class action guide
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