Guardrail Accidents

Guardrails are placed along highways and roadways to protect motorists,
but sometimes they cause more harm than good.

For instance, the guardrails with turn down end treatments, otherwise
known as Texas Twisters, have contributed to numerous serious accidents since
the time of their installation many years ago. The most common accidents are
those in which a small or medium-sized automobile would leave the roadway and
"ride" the guardrail. Instead of collapsing the guardrail posts as heavier vehicles
might, the guardrail can launch the automobile, either causing the vehicle to roll
over or propelling it into oncoming traffic (if the turn down guardrail is in the
highway median) almost like a missile. The result is often tragic, with severe
injury or death.

In 1995, after the statistics and highway design studies overwhelmingly
condemned the turn down guardrails, the Federal Highway Administration
banned the "Texas Twister" from further installation, and required the States to
submit plans for removal of these guardrail end treatments. Some States
aggressively pursued the removal, but others have been slow in their removal.
There may be responsibility with State and local agencies for the failure to
remove these dangerous guardrail end treatments if the configuration
contributed to a roll over or other serious accident.

In addition to guardrails with turn down end treatments, there are still
"blunt end" guardrails which present a different but also quite serious danger to
motorists. Because these end treatments do not collapse or give way upon
impact, severe injury or death may occur from such impact. The Federal
Highway Administration has also banned "blunt end" guardrail end treatments.
Although most States have removed such guardrail end treatments, some still
exist and pose a substantial hazard to motorists.

It should also be mentioned that at times, guardrails are placed along
highways and roadways where none are necessary because the slope of the
terrain adjacent to the roadway is not severe enough to require the guardrail.
Under these circumstances, if the guardrail did not exist, a car leaving the
roadway could come to a stop without overturning or striking another object.
Our law firm has been successful in pursuing the Missouri Department of
Transportation in a death case involving a guardrail that should never have been
placed in its location in the first place.

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