Court Sides With Engineering Firm in Clermont-Area Guardrail Crash

An appeals court Friday ruled in favor of an engineering firm despite questions about the design of a guardrail in a case stemming from a death in a 2008 crash on the Florida Turnpike near Clermont.

The 5th District Court of Appeal directed a Lake County circuit judge to enter a judgment for Transportation Engineering Inc., which designed the Florida Department of Transportation guardrail.

The crash in question involved the death of an 18-year-old Miami Lakes woman who was a passenger in a 2007 Nissan Versa that spun out of control and struck the end of a guardrail.

One key issue in the case was that the end of the guardrail did not have a cushion required to prevent vehicles from getting impaled. A circuit judge granted summary judgment to a contractor who installed the guardrail but did not do so for the design firm.

According to the ruling, Transportation Engineering Inc. argued that “there could be no dispute that DOT had actual knowledge of the alleged defect where DOT expressly required the firm to design the guardrail in a way that did not include a crash cushion.”

The three-judge panel agreed with the argument: “It was undisputed at summary judgment that DOT accepted the project with bare (uncushioned) guardrail ends … and that this was an open and obvious condition.”

Guardrail Accidents in The Villages: Your Rights and Legal Options

Guardrails strategically positioned along highways protect drivers and minimize the impact of a motor vehicle accident. They feature energy-absorbing end terminals designed to absorb the shock of a collision. However, these terminals can malfunction, causing the guardrail to deliver more harm to motorists than the collision itself.

If you or a loved one has suffered injury or death in a guardrail accident, you have the right to seek compensation for medical expenses and other damages. A Villages Auto Accident Lawyer at Whittel & Melton proudly helps victims of accidents involving guardrails in The Villages and throughout Lake, Sumter, and Marion Counties.

Contact us today at 352-369-5334 or through our online contact form for a free initial consultation. Let’s discuss your legal options.