Category: Products Liability

All across America, highways are lined with Trinity Industries’ guardrails. It has come to the attention of the Federal Highway Administration (FHWA) that these guardrails are actually piercing vehicles and slicing into occupants. The injuries from these guardrails include severed limbs and death.

How is it possible that something that is designed to protect people is actually injuring and killing people? Apparently, the guardrail manufacturer made the decision to shorten a piece of metal on the end of the guardrail from 5 inches to 4 inches, creating a savings for their company of $2 per piece, totaling $50,000 per year. This modification, according to victims, changes the way the guardrail absorbs impact. So, instead of ribboning upon impact, the guardrail locks up, and slices through the vehicle.

The subject guardrails were only approved by the FHWA with the 5 inch metal piece. Trinity Industries failed to disclose the 4 inch modification to the government. The rails were installed in states without their approval of the modification. As a result, four states have already halted the use of the guardrail. Will Pennsylvania do the same? We don’t know. But we do know that these guardrails are installed on PA roads. There has already been at least one Pennsylvanian injured. She lost her leg in a crash.

A Texas jury recently found against Trinity industries, and awarded $175 million in damages, most of which goes to the government. The jury determined that Trinity defrauded the government when it sold modified guardrails to states without disclosing the modification. Trinity Industries will appeal the jury’s determination. Meanwhile, the recent news coverage only serves to aid injury attorneys across the country in their representation of those injured or killed by the guardrails.

The National Highway Traffic Safety Administration issued a consumer advisory on October 20, 2014, urging owners of numerous models of Toyota, Honda, Nissan, Mazda, BMW and GM vehicles to heed recall notices immediately. The vehicles listed in the consumer advisory were recalled because they may contain defective Takata made airbags, which have caused several deaths around the country. The faulty airbags essentially explode at the time of a crash because the propellant inside the airbag burns too hot, ruptures its container, and sends metal parts flying into the face and chest of the very person it is intended to protect. According to The New York Times, the wounds from the defective airbags resemble stab wounds.

The problem is so bad that Toyota is warning owners of the vehicles listed in the recall not to allow passengers to ride in the front seat. While Honda does not have the parts it needs to fix the problem and make its cars safe for occupants. Apparently, Honda is only sending out recall warnings as the parts to fix the problem become available.

It is unclear whether the problem only occurs in high humidity areas; however, high humidity areas have taken priority on the recall list.

From a legal standpoint, Takata and the applicable car manufacturer will probably point the finger at each other, which could actually make litigation favorable for the plaintiff. Some important questions in any litigation about this major safety issue will be whether the car manufacturer and Takata knew about the defect, and for how long, how swift was the recall, and whether current warnings are adequate. What kind of testing did Takata do on the airbags? It would definitely be interesting to see the communications between the airbag manufacturer and the car manufacturer in connection with the defective airbags. Either way, from a products liability standpoint, we all know that something designed to protect should not become something that kills.

One thing is for sure: if you own a vehicle on the recall list, make sure to immediately send your vehicle in for the necessary repairs! Protect yourself, your family and your friends by not allowing anyone to ride in the front seat until you take your car to be repaired. Of course, if there is a faulty airbag on the driver’s side, the driver will not be protected until the necessary fix is implemented.  Go to the National Highway Traffic Safety Administration website at www.nhtsa.gov and search for the recall list to see if your vehicle could contain a defective airbag.

If you were injured in an accident, and need to speak to a car accident attorney, call us today.  One of our car accident attorneys will give you a free consultation.