December 20, 2017

A controversial guardrail blamed for at least six deaths is being pulled from Maryland's approved products list in accordance with new federal standards.

The Federal Highway Administration and the American Association of State Highway Transportation Officials agreed on new criteria for guardrails due to the changing sizes and types of vehicles on the nation's highway, according to the Maryland State Highway Association. The Lindsay X-LITE guardrail end terminal is not in compliance with the new standards.

A News4 consumer investigation found thousands of them are on roads in Virginia and Maryland.

According to three lawsuits filed against the manufacturer of the Lindsay X-LITE guardrail, instead of deflecting vehicles, in some cases, the X-LITE pierces them with deadly consequences.

Steve Eimers 17-year-old daughter, Hannah, died last year in Tennessee when her car was pierced by a guardrail after she ran off the road.

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“We welcome Maryland’s decision to remove the dangerous X-LITE guardrail from its list of approved safety devices," said Ted Leopold, a partner at Cohen Milstein Sellers & Toll who represents Eimers and other families affected by the guardrails. "Americans deserve to have the comfort of knowing that roadways are safe and free from hazards that can cause accidents and kill vehicle passengers. No one should be made to experience the pain felt by the Eimers family and others across this country who have seen precious lives cut short by the X-LITE guardrail failing to perform as designed. We thank Delegate Kumar Barve and Governor Hogan for their leadership, and hope this decision inspires other policymakers to follow suit. We can assure you that we will continue to vigorously fight for justice and accountability on behalf of guardrail victims nationwide.”

The full report can be accessed here.