Guardrails are built to reduce harm during crashes. They’re supposed to slow down a vehicle, prevent it from crossing into traffic, and minimize injury. But when a guardrail doesn’t perform the way it should, the consequences can be devastating.

In Oklahoma and across the country, specific guardrail systems—like the ET-Plus—have come under fire for failing in real-world crashes. These failures have led to severe injuries, including amputations and deaths. If you’re dealing with the aftermath of a collision involving a guardrail, it’s worth asking: did the barrier protect you or make things worse?

This article explains how defective guardrails can lead to injury claims, what Oklahoma law says about product liability, and what steps to take if you’ve been hurt by faulty safety equipment.

How Guardrails Are Supposed to Work

Guardrails aren’t just pieces of metal. They’re safety devices. When a car crashes into one, the end terminal is designed to absorb the force and guide the vehicle safely along the barrier.

Different designs exist, but most guardrails include a terminal that flattens or slides upon impact. This motion slows the vehicle and prevents it from rebounding into traffic or being impaled by metal parts. When a guardrail fails to do its job, injuries can be more severe than if no guardrail were present.

Guardrails are supposed to reduce harm — not cause more of it. But design changes in some models have had devastating consequences.

The ET-Plus Guardrail Controversy

One system that’s raised serious concerns is the ET-Plus, manufactured by Trinity Industries. Around 2005, Trinity made a small change: it reduced the width of a key metal piece from five inches to four. This change saved the company money—but it was not disclosed to federal safety officials.

That minor design tweak had significant consequences. Instead of absorbing crashes safely, the narrower piece sometimes locked up and caused the rail to spear into the vehicle cabin. This led to amputations, spinal injuries, and deaths.

Multiple states, including Missouri and Massachusetts, halted the use of the ET-Plus during investigations. Lawsuits followed. Questions remain about how many of these guardrails are still in use.

Understanding Product Liability in Oklahoma

Product liability law holds companies accountable when a product they design, make, or sell causes harm.

There are three main types of product liability claims:

  • Design defects: The product is flawed even when made correctly.
  • Manufacturing defects: Something went wrong during production.
  • Failure to warn: The product didn’t come with proper instructions or warnings.

Oklahoma law allows injured people to bring a claim if a product is unreasonably dangerous and causes harm while used as expected. The statute of limitations is typically two years from the date of injury, though some exceptions may apply if the defect wasn’t immediately known.

Oklahoma follows a modified comparative negligence system, which may reduce compensation if a victim is partially at fault. However, in defective product cases, liability often rests solely with the manufacturer or seller.

Common Injuries Caused by Guardrail Failures

A defective guardrail can turn a survivable crash into a life-altering event. Injuries linked to these failures include:

Injuries linked to guardrail penetration include amputations, paralysis, and fatalities — many of which would have been less severe had the guardrail performed correctly.

The trauma caused by these failures isn’t just physical. Survivors often face long recoveries, ongoing pain, and financial stress from lost income and medical bills.

What Happens When Guardrails Don’t Work

If you’re injured in a crash involving a guardrail, the case becomes more complex than a typical car accident. It may involve:

  • Reviewing crash reports
  • Inspecting the damaged guardrail
  • Identifying the model (e.g., ET-Plus)
  • Consulting safety experts and engineers
  • Tracing responsibility to manufacturers, distributors, or government agencies

The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.

This is why many people in Tulsa turn to product liability lawyers who understand how to handle serious injury claims tied to defective products.

Insurance and Guardrail Damage: Who Pays?

One common question is whether insurance covers guardrail damage. The answer depends on the type of claim. If you hit a standard guardrail during an at-fault crash, your auto insurance may cover the cost to the state for repair and the damage to your vehicle.

But if you were injured because the guardrail failed to function correctly—such as impaling your vehicle—that’s different. In these cases, a product liability claim against the manufacturer may be appropriate, especially if the injury was made worse by a design defect.

Comparing Functional vs. Defective Guardrails

Feature

Properly Functioning Guardrail

Defective Guardrail (e.g., ET-Plus)

End Terminal Width5 inchesReduced to 4 inches in modified design
Crash AbsorptionAbsorbs impact and redirects vehicle safelyCan jam and send metal into the vehicle
Risk of InjuryLower — impact is spread out and redirectedHigher — linked to amputations and fatal outcomes
Disclosure to RegulatorsFully documented and reviewed by federal agenciesDesign change not disclosed to the Federal Highway Administration
Reported OutcomesPerforms as expected during crash testing and useAssociated with serious injuries and multiple lawsuits

Frequently Asked Questions

What is a defective guardrail, and how can it cause injury?

A defective guardrail fails to work as designed. Instead of absorbing the crash safely, it may bend, lock, or spear the car, causing serious injuries that wouldn’t happen with a properly functioning guardrail

Can I sue a manufacturer if a guardrail caused my injuries?

Yes. If the guardrail had a design or manufacturing defect or lacked proper safety testing, you may have a valid claim against the company that made or installed it.

Does auto insurance cover damage from hitting a defective guardrail?

Standard policies may cover vehicle damage or repair costs, but injuries caused by a faulty guardrail are usually addressed through a product liability lawsuit, not a car insurance claim.

What injuries are most common in guardrail failure accidents?

Amputations, spinal cord damage, brain injuries, and death are all common when a guardrail fails. These injuries often result from the barrier puncturing or crushing the car’s cabin.

Is there a time limit to file a claim in Oklahoma for defective guardrails?

Yes. You typically have two years from the date of injury to file a claim. If the defect wasn’t apparent right away, the deadline may begin when it was reasonably discovered.

How can a personal injury attorney help in a guardrail case?

An attorney can investigate the product failure, gather expert opinions, identify who’s liable, and assist you in seeking restitution for medical costs, lost wages, and pain & suffering.

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Conclusion

Guardrails are meant to protect drivers—but when they fail, the results can be catastrophic. If you were injured in a crash involving a defective guardrail, you may have the right to seek compensation from the manufacturer or another responsible party.

At Graves McLain Injury Lawyers, we understand the complexity of product liability cases and have the resources to pursue them thoroughly. Our legal team in Tulsa is here to review your case, explain your rights, and guide you every step of the way.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

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