Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”
State officials have rebuffed calls to stop installing guardrails that activists say have caused dozens of deaths and injuries in accidents across the United States. California became the 41st state to ban the guardrails this week after a Texas jury levied a mammoth fraud verdict against the company that makes the guardrails.
The North Carolina Department of Transportation is aware of safety concerns raised about the ET-Plus end terminals, but the agency said it is leaving the decision of whether to pull the terminals from state highways to federal officials.
NCDOT spokesman Steve Abbott said his department has not seen any evidence of the end terminals’ danger, despite its awareness of “a couple of incidents.”
On Wednesday, federal regulators approved new safety testing of the end terminals. The NCDOT said it will await the results of new safety testing before making a decision on removing the terminals.
Even if the agency does decide to remove ET-Plus end terminals that have already been installed, it has not kept a database of the locations of the terminals. The state has installed different types of guardrails in different locations throughout the state, and the NCDOT has not kept track of which guardrails are where.