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Automobile accidents occur on a routine basis all throughout the state of Florida and across the nation. The reasons for those accidents vary, but there's one thing that remains the same--the injuries that can occur from such accidents can be life changing. Fort Myers personal injury lawyers, such as Randall Spivey and his team, are all too familiar with the devastation that families often experience after their loved ones have been hurt or killed during an automobile crash. That is why it is crucial for accident victims and/or their loved ones to work with skilled attorneys who will know what needs to be done in order to secure the best possible outcome to their cases.

One issue that has been brought to light in recent months concerns the safety of some of Florida's guardrails. More specifically, the design of the guardrails and certain changes that have been made to them in recent years have been blamed for some horrible crashes. For example, one motorist who crashed head-on into a guardrail that ultimately cut into his SUV sued the Dallas-based manufacturer of the guardrail, Trinity Industries. A number of other individuals across the U.S. filed similar suits. Given the seriousness of the issue, vehicle and product safety research and consulting firm, Safety Research and Strategies (SRS), recently filed an "open records" lawsuit in Florida, claiming that Florida's Department of Transportation (FDOT) had violated the state's Public Records Act by withholding documents pertinent to its relationship with Trinity.

The Complaint

Fort Myers personal injury lawyers who have been following the case know that the suit seeks to force FDOT to produce certain public records that were not previously produced when requested by SRS back in February 2014. SRS sought the information due to the fact that there are a number of safety concerns surrounding Trinity's guardrails systems. The systems are installed on highways spanning all across America. Accordingly, SRS wanted FDOT to release those materials related to any investigations, inquiries and communications had between FDOT and Trinity with respect to the manufacturing, design, failure, testing and purchase of Trinity ET-Plus guardrail systems.

Apparently, as alleged in the lawsuit, Trinity changed the design of its guardrail end terminals and the design change has caused them to perform poorly during crashes, such that they can injure and even kill the occupants of the motor vehicles that end up striking the guardrails. The original guardrail design, which was approved by the Federal Highway Administration back in the early '90s, absorbed the kinetic energy of a crash, all while bending the post away from the crashing vehicle and extruding the rail into a flattened metal ribbon. However, Trinity ultimately changed the design by decreasing the size of the terminal head and height of the feeder chute through which the rail is extruded. With that change, the end terminal no longer performed like the earlier design because instead of bending away from the crashing vehicle, the rail can actually fold in half, creating a spear-like shape that can actually penetrate the vehicle.

The lawsuit sheds light on not only the deferential treatment that private industry tends to receive during safety investigations, but also the public information disclosures that may be less than positive.  

If you or a loved one has been injured by a guardrail while traveling on Florida's highways, contact Fort Myers personal injury lawyer Randall Spivey at the Spivey Law Firm, Personal Injury Attorneys, P.A. today.