Arizona sued for $56m after controversial guardrail speared through vehicle in deadly crash
Phoenix, Arizona: The state of Arizona has been served with two notices of claim, the first step in a lawsuit seeking a total of $56 million in damages. The legal action stems from a deadly crash earlier this year, which the victims' families attribute to a faulty guardrail system on I-17.
The crash, which occurred on February 4, 2024, south of Cordes Junction, claimed the life of Jaxson Elliott and severely injured his passenger, Jett Weinstein, who lost his right leg. The guardrail in question, known as the ET Plus, has a documented history of spearing into vehicles, a design flaw that has drawn widespread criticism over the past decade.
The lawsuit alleges that the Arizona Department of Transportation (ADOT) and the state were negligent in allowing the ET Plus guardrails to remain on the roads despite knowing their potential danger. The families of the victims are seeking $20 million for Elliott's mother and $36 million for Weinstein and his family.
In the aftermath of the crash, it was revealed that the guardrail pierced the car, entering through the passenger door and exiting through the driver's door, a catastrophic failure that critics say is indicative of the ET Plus's flawed design.
The ET Plus guardrail system, manufactured by Trinity Industries, has faced scrutiny nationwide. Despite being removed from ADOT's approved products list in 2014, more than 4,000 of these guardrails remain installed along Arizona's highways, including on high-speed roads like I-17, where the speed limit is 75mph. The lawsuit argues that these guardrails were only tested for speeds up to 62mph, making them unsuitable for many locations where they are still in use.
Other states, such as Missouri, have settled lawsuits and begun efforts to replace them. In 2022, Missouri settled a class action lawsuit against Trinity Industries for $56 million, the same amount now being sought from Arizona.
When asked why the state has not removed the ET Plus guardrails, ADOT pointed to a 2014 Federal Highway Administration investigation that concluded the guardrails met applicable safety criteria at that time. However, ADOT's current policy is to replace these guardrails only when they are hit, damaged, or when new construction occurs.
What is the problem with the ET Plus guardrail?
The ET Plus guardrail system, manufactured by Dallas-based Trinity Industries, has been at the center of significant controversy and legal battles for several years due to allegations that its design is flawed and potentially dangerous.
The original ET Plus guardrail was designed to absorb the impact of a vehicle collision by flattening and bending away from the vehicle. However, it is alleged that Trinity made design changes to the ET Plus guardrail around 2005, reducing the size of the end terminal without notifying the Federal Highway Administration (FHWA).
Critics claim that this modification compromised the safety of the guardrail, causing it to malfunction during collisions. Instead of absorbing the impact as intended, the guardrail could "spear" into vehicles, piercing the car and causing catastrophic injuries or fatalities.
Numerous lawsuits have been filed against Trinity Industries. In one high-profile case, a jury found Trinity guilty of fraud for failing to disclose the design changes and ordered the company to pay $663 million in damages. This verdict was later reduced on appeal, but the case brought significant attention to the issue.
Despite the legal challenges, the FHWA initially conducted tests and found that the ET Plus met the necessary safety standards. However, critics argue that these tests were insufficient or flawed and did not accurately reflect real-world conditions.