Common Questions

Common Questions

Trinity Guardrail Injuries & Lawsuits FAQ

If you or a loved one was killed or injured in an accident involving a guardrail, seek legal help. Our team is here for you. Read answers to common questions below, or call our Dallas trial lawyers directly today at (214) 307-6307. We are here for you. Start with a free consultation to learn more.

How Did This Dangerous Product Become Widely Used?

The initial prototype was approved in 2000 after extensive testing in certified crash facilities nationwide. Later on, the company quietly redesigned the product and did not appear to seek sufficient approval for those changes or notify the Federal Highway Administration (FHWA) of the redesign. The redesigned component was a small five-inch piece of metal—Trinity engineers opted for a four-inch piece instead. This design decision appears to have compromised the safety and integrity of the product being sold.

Why Did Trinity Redesign the Initial Prototype?

A report published in The New York Times—created by examining Trinity’s internal documents—showed that the company expected to save about $2 on each end terminal produced if the proposed changes went into effect. A report on ABC News allegedly found an internal email that shows Trinity tried to keep the redesign a secret.

Is the ET Plus Still in Use?

The ET Plus guardrail is not being produced or sold any more. To date, 44 states have banned further installation of the ET Plus model, and the state of Virginia has ordered complete removal of all ET Plus guardrails from its roadways. However, it is likely that thousands or even tens of thousands of these guardrails are still in use. Alarmingly, Trinity Industries is responsible for 90% of all guardrails used in the United States.

How Did This Issue Come to Light?

Private individuals sued Trinity on behalf of the government in a qui tam or “whistleblower” lawsuit, in which plaintiffs may sue federal contractors for fraud. The verdict was $175 million, which grew to $525 million—the largest private whistleblower verdict in national history. More damages must be paid to the injured and bereaved.

Contact our Dallas trial lawyers at Aldous \ Walker if you believe you or a loved one was hurt in an accident involving an ET Plus guardrail.

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