Parker Waichman LLP

Jury Awards Whistleblower $175 Million in Guardrail Case

A Case Against Trinity Industries. A federal jury in Marshall, Texas, awarded $175 million to whistleblower who brought a case against Trinity Industries over the safety of thousands of its highway guardrail systems. Josh Harman, a Virginia guardrail installer, filed a lawsuit under provisions of the federal False Claims Act, accusing Trinity of redesigning a […]

Guardrail Case

A Case Against Trinity Industries. A federal jury in Marshall, Texas, awarded $175 million to whistleblower who brought a case against Trinity Industries over the safety of thousands of its highway guardrail systems.

Josh Harman, a Virginia guardrail installer, filed a lawsuit under provisions of the federal False Claims Act, accusing Trinity of redesigning a part of the ET-Plus guardrail in 2005 in a way that rendered the system unsafe, the Wall Street Journal reports.

Banned Contractors From Installing Trinity

Guardrail systems are intended to push the steel rail away from an oncoming car, slowing it to a stop. The lawsuit alleged that Trinity’s redesigned guardrail, instead of cushioning a vehicle’s impact, jams and sends the end into the vehicle like a spear. At least a dozen accidents, including some fatalities, have been reported in accidents where a vehicle ran off the road and collided with the Trinity guardrails. A number of lawsuits have been filed against Trinity, the WSJ reports.

Missouri, Nevada and Massachusetts have banned contractors from installing Trinity guardrails, and other states are investigating the system. The Federal Highway Administration approved the guardrail changes after reviewing two crash tests conducted by the Texas A&M Transportation Institute, according to the WSJ. After the verdict, a FHWA spokesman said that the agency is reviewing the “service record” of the ET-Plus and has asked state officials to share crash information in accidents involving the ET-Plus. Earlier this year, a study led by Dean Sicking of the University of Alabama found that Trinity’s ET-Plus model was nearly three times more likely to be involved in a fatal crash than a previous model, the ET-2000.

Under the False Claims Act, in a successful suit, the whistleblower is entitled to receive a portion of the settlement.

Need Legal Help Regarding Guardrail Case?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value My overall experience with PW has been excellent. Benita was very helpful and professional throughout the process. Would definitely recommend this law firm to all
Arnold Musella
2 years ago
5 Star Reviews 150
The Office staff at Parker Waichman has been extremely responsive to all of my questions and concerns, someone is always checking in with me to see how we are feeling, how treatments are going, it puts your mind at rest and they don't allow you to stress out about the small details because they take care of all of them. I am very grateful to have Joanne, Jillian and Cristen helping my family through this. Even the reception staff are always cheerful and pleasant, it is such a pleasure speaking with them.
Kathy Oliva
8 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value P&W worked on my 9/11 VCF claim and in retrospect I am so happy I chose them over the other firms who do the same. Ashley L. handled my claim and she was wonderful to work with. She was knowledgeable, responsive, and compassionate.
Shoshana Dornhelm
3 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038