The guardrail was supposed to protect you. Instead, it speared through your vehicle, causing catastrophic injuries far worse than an unguarded runoff would have produced. Guardrails designed to save lives sometimes kill or maim.
Defective guardrail claims have received national attention, with certain guardrail designs linked to serious injuries and deaths across the country, including in Georgia.
How Guardrails Are Supposed to Work
Properly functioning guardrails absorb crash energy and redirect vehicles away from hazards. When a vehicle strikes a guardrail, the system should decelerate the vehicle gradually while keeping it on the roadway.
End terminals, the devices at guardrail ends, are particularly critical. They must allow the guardrail to absorb impact energy without penetrating vehicles or ejecting occupants.
Guardrails that function properly prevent vehicles from entering hazardous areas like embankments, bridge abutments, or oncoming traffic. They convert potentially fatal crashes into survivable events.
When Guardrails Fail
Guardrail failures cause enhanced injuries beyond what the original crash would have produced.
Guardrail penetration occurs when the rail itself enters the vehicle cabin. Metal rails spearing through passenger compartments cause catastrophic injuries including impalement, amputation, and death.
End terminal failures happen when the energy-absorbing heads at guardrail ends malfunction. Failed terminals allow rails to telescope into vehicles rather than absorbing energy.
Height mismatches occur when guardrails are too high or low for impacting vehicles. Rails at wrong heights may override or underride vehicles, failing to redirect them properly.
Inadequate anchorage allows guardrails to detach or deform inappropriately on impact, failing to contain vehicles.
The ET-Plus Controversy
The Lindsay Corporation’s ET-Plus guardrail end terminal has been the subject of widespread litigation alleging design defects.
Plaintiffs allege that changes to the ET-Plus design after federal approval created a product prone to failure. The modified version allegedly locks up on impact rather than absorbing energy, causing rails to spear vehicles.
Litigation across the country, including cases involving Georgia accidents, has alleged that Lindsay knew of problems but continued selling the modified design.
This specific product litigation illustrates broader principles applicable to all guardrail defect claims.
Product Liability Claims
Defective guardrail claims often proceed as product liability cases against manufacturers.
Design defect claims allege the guardrail design was unreasonably dangerous. Even products built to specifications are defective if the design itself is flawed.
Manufacturing defect claims allege the specific guardrail deviated from design specifications due to production errors.
Failure to warn claims allege inadequate warnings about proper installation, maintenance, or limitations.
Product liability claims don’t require proving government notice or navigating sovereign immunity. They target private manufacturers subject to ordinary liability rules.
Government Liability
In addition to manufacturer claims, governments that installed or maintained defective guardrails may face liability.
Installation claims allege improper installation that caused guardrail failure. Guardrails installed at wrong heights, with inadequate anchoring, or contrary to specifications create government liability.
Maintenance claims allege failure to maintain guardrails in safe condition. Damaged guardrails not repaired, missing components not replaced, and degraded systems not updated create liability.
Selection claims allege the government chose guardrail systems known to be defective. Installing products with known safety problems may constitute negligence.
Government claims face sovereign immunity issues, notice requirements, and damage caps that product liability claims avoid.
Enhanced Injury Analysis
Defective guardrail claims involve enhanced injury analysis comparing actual injuries to what would have occurred without the defect.
Accident reconstructionists analyze what would have happened if the guardrail functioned properly. They compare this baseline to actual outcomes.
Medical experts attribute specific injuries to guardrail failure versus the original crash.
The enhanced injury measure is damages attributable to the defect, not total crash damages. If the crash would have caused some injury regardless, only the additional harm from guardrail failure is recoverable from guardrail defendants.
Crashworthiness Doctrine
Guardrail claims apply crashworthiness principles from automotive product liability.
Manufacturers know their products will be involved in crashes. They must design products to minimize crash injuries, not just prevent crashes.
Guardrails specifically exist for crash situations. Their only function is protecting people during crashes. Failure to provide that protection is the essence of the defect.
Evidence Preservation
Guardrail evidence is often removed quickly after accidents. Damaged systems are replaced, destroying physical evidence.
Preserve the guardrail itself if possible. Request that the government entity preserve removed components.
Photograph and video the guardrail from multiple angles before it’s removed. Document components, connections, and failure points.
Obtain installation records, maintenance records, and inspection histories through open records requests.
Identify the specific product and manufacturer from markings on the guardrail components.
Litigation Considerations
Guardrail claims against national manufacturers may involve complex multidistrict litigation.
Specialized experts in guardrail design, crash testing, and biomechanics are typically necessary.
Defense resources from major manufacturers are substantial. Expect aggressive defense of product safety.
These cases are expensive to pursue but can result in substantial recoveries for catastrophic injuries.
Defective guardrail claims require prompt evidence preservation and specialized expertise. This article provides general information about guardrail claims in Georgia. For specific guidance, consult with a Georgia product liability attorney.