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New York Guardrail Accidents

Dangerous Design Defect Creates Risk of Serious Injuries and Death

New York Guardrail Accidents Guardrails are generally designed with the intent of absorbing the speed from an accident and peel away as vehicles slam into them. While this may be true for many guardrails, some have proven otherwise. The most common accidents involving guardrails on highways are those accidents in which a small or medium-sized vehicle leaves the road and “rides” the guardrail. Instead of collapsing the guardrail posts, the guardrail can launch the vehicle, causing it to either roll or propel onto oncoming traffic. The result can be catastrophic and fatal.

At Gersowitz, Libo & Korek, P.C., we have been fighting for the rights of New Yorkers seriously injured as a result of design defect for more than 30 years. Our team of attorneys and support staff are dedicated to serving the needs of our clients and getting the maximum compensation that they deserve for their injuries. Our goal is to provide our clients with the best legal representation with top notch customer service.

The Different Types of Dangerous Guardrails

Guardrails are placed along roadways to protect motorists. However, in some instances these guardrails cause more harm than good. There are several types of guardrails that have proven more harmful than protective.

ET-Plus Guardrails

One such type is the ET-Plus guardrail manufactured by Trinity Industries. The initial design of this guardrail was approved by the federal government to achieve its goal of transforming the W-beam guardrail into ribbon as the vehicle traveled down the guardrail line. However, in 2005, the manufacturer redesigned the ET-Plus without conducting sufficient and proper testing. This untested redesign resulted in the guardrail causing a higher risk of injury and death during an accident

Texas Twist Guardrails

Another type of guardrail that was banned by the Federal Highway Administration (FHA) is the “Texas Twist.” After statistics and studies condemned the turn down guardrail, aka “Texas Twist,” in 1995, the FHA banned states from further installing this type of guardrail and required them to submit plans for its removal.

Blunt End Guardrails

A third type of dangerous guardrail banned by the FHA is the “blunt end” guardrail. These guardrails present a different, but equal danger to drivers because they do not give way upon impact. This lack of collapse can result in serious injury or even death in an accident. Most states have removed “blunt end” guardrails, but some still exist posing substantial danger to motorists.

Common Injuries Sustained In Guardrail Accidents

Injuries sustained in any type of auto accident can be devastating. However, injuries sustained by defective guardrail victims can be significantly worse, or even fatal. Common injuries sustained by guardrail accident victims include, but are not limited, to:

  • Amputations
  • Nerve injury
  • Eye injury
  • Traumatic brain injury
  • Neck and back injury
  • Leg injury
  • Death

Regardless of what type of injuries you suffered in a catastrophic accident that involved a defective guardrail, our legal team will work hard to help you obtain the compensation that you deserve, including past and future medical bills, loss of wages, loss of future earning capacity, pain and suffering, emotional and mental trauma, loss of enjoyment of life and any other expenses related to the accident. We have the knowledge, experience and financial resource to help and protect the legal rights of our guardrail accident victim clients.

How To File a Defective Guardrail Claim

Every guardrail accident is different and involves a unique set of facts. At Gersowitz Libo & Korek, P.C., we will review every aspect of your defective guardrail claim to make sure all liable parties are held accountable for your injuries. As a baseline for filing a claim, our legal team recommends that you have the following information available:

  • The make and model of your vehicle
  • Any accident history report related to your defective guardrail automobile accident
  • Medical reports and billings related to your accident
  • Any information regarding your property damage
  • The police report that was prepared following the accident, if any
  • If the accident involved a death, the caused of death listed on the death certificate

Any information you can provide will help us expedite and file your defective guardrail lawsuit. If you do not have the information or documentation we need, our team will assist you in obtaining these pertinent pieces of information. Furthermore, if necessary, we will enlist the help of professional investigators, accident reconstructionists, or any other necessary experts to ensure that you obtain the full compensation that you deserve for your injuries.

Legal Experience Counts

If you were injured or lost a loved one in a fatal accident related to any type of defective guardrail, you should discuss your legal options with an attorney as you may be entitled to compensation. Since this is a complex part of the legal field, you should trust your case to a law firm that has successfully handled similar cases.

The legal team at Gersowitz Libo & Korek, P.C. has extraordinary accomplishments in handling similar design defect cases. In a similar case, the firm represented plaintiff Gardener in a suit against the City of New York, alleging that the deadly crossover collision on July 9, 2006 on the Bronx River Parkway that resulted in 6 fatalities and left the plaintiff with a critical brain injury was the result of a barrier that was of the wrong size and shape. The plaintiff was ultimately awarded an $18 million combined settlement by the City and State of New York.

Contact an Experienced NYC Guardrail Accident Attorney Today

Best Lawyers: Edward Gersowitz, Jeff Korek and Michael Fruhling - PartnersOur accident lawyers in New York are currently investigating serious and fatal accidents related to the untested group of ET-Plus guardrails manufactured by Trinity Industries. Each defective guardrail accident is different and our attorneys can expertly guide you through the steps of a guardrail lawsuit require to ensure you maximum recovery.

For more information or to schedule a complimentary consultation with one of our attorneys, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.


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A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
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