Trinity Highway Products is in deep water since deciding to cut costs by allegedly producing their guardrails at a sub-standard level and failing to notify federal regulators of the change. Although the company insists it is doing everything possible to “address some safety concerns,” it is difficult for this author to understand why it was then necessary to hide the facts from the Federal Highway Administration. Of course I could be mistaken, but one would think there is no reason to hide a flawless guardrail system.

The current investigation and pending lawsuit is with the state of Virginia. However, Trinity was already hit with a $663 million verdict in Texas, and is currently under investigation from the US Department of Justice. The Virginia Department of Transportation (VDOT) is in the process of testing the allegedly faulty guardrail. A prior test was set up in mid-September, but Trinity refused to participate, claiming they did not receive a fair pre-test inspection. Does that mean every vehicle on the road should receive a proper pre-crash inspection as well? Interesting.

The guardrail element in question is called the ET-Plus system, which has already been tied to nine deaths and is tied to several other lawsuits. According to the plaintiffs, the end piece of the guardrail system can sometimes lock and spear straight into a crashing vehicle, rather than sheering away as expected. VDOT has yet to make a decision about the ET-Plus system, but has declared it unapproved for the time being, until Trinity participates in testing. If declared unsafe, VDOT would need to make a state-wide assessment of how many guardrail systems exist, as well as removal and replacement costs. Trinity would clearly be facing a costly endeavor if the allegations prove to be true.

In the meantime, Trinity is staying on the defense with ad campaigns and statements to the press along the lines of Virginia doing this simply for the money. One online campaign in the state created by Trinity goes so far as to say, “What’s driving [VDOT]? Safety or lawsuits?” In my humble opinion, Trinity could clear this mess up rather quickly if they simply participated in the guardrail tests proposed by VDOT… assuming their system is safe, of course.

Have you or a loved one been injured in a car or motorcycle crash due involving guardrails or other highway safety systems? You could be entitled to damage and punitive compensation. Contact the car accident attorneys at Baizer Kolar P.C. for a free consultation today.