California parents have filed a lawsuit against the state and the manufacturer of a highway guardrail they allege was defective, resulting in the death of their son.

According to an NBC affiliate Channel 7 in San Diego, the accident involving the guardrailwas on Interstate 8 near Jacumba, Calif. Brothers Gonzalo Martinez and Sergio Martinez Jr. were reportedly driving to a surprise birthday party when Gonzalo crashed into the guardrail.

The California Highway Patrol read the vehicle’s computer data and discovered Gonzalo was driving about five miles an hour over the speed limit. When he swerved off the highway, he hit 60 feet of guardrail prior to the vehicle stopping.

According to the San Diego County Medical Examiner, Gonzalo, 22, died immediately after receiving blunt force injuries to the head. His brother Sergio survived. The accident occurred on Feb. 17, 2018.

NBC 7 conducted an investigation and identified nine people who have died throughout the U.S. since 2016 after crashing into an end piece of Lindsay Transportation Solutions’ X-Lite end cap terminal, which is the end post that generally has yellow and black stripes and/or reflective tape to mark the start of a guardrail.

Although Lindsay Transportation defended its guardrails in a statement to NBC 7, the state of California is replacing hundreds of guardrails installed on the state’s roadways. Work began to replace the guardrails within a week of the Martinez family’s lawsuit filing on Aug. 20, 2019.

The Martinez family filed their lawsuit against Lindsay Transportation Solutions and Caltrans, alleging both are guilty of negligence that resulted in their son’s death.

Caltrans Reported Guardrail Issues in March

A March 8, 2019 press release from Caltrans said, “Caltrans is proactively replacing approximately 800 X-Lite guardrail end terminals on the state highway system based on the terminals not meeting field performance expectations.”

The statement also makes it clear that the Federal Highway Regulations have not required the replacement of the end terminals, which will be replaced at a pace dependent upon contractor availability and the ability to procure more than 800 approved replacements. The X-Lite guardrail end cap terminals account for less than three percent of guardrail end terminals currently in use on California’s highway system, according to Caltrans.

Lindsay Transportation Solutions is also a defendant in a lawsuit filed in Tennessee by a father who told a local news source that his 17-year-old daughter was killed after she crashed into an X-Lite end cap terminal in November 2016.

Focus on Defective Highway Guardrails

Properly made highway guardrails are supposed to consist of metal that peels back and away from the end terminal upon vehicle impact.

In cases of severe injuries and deaths in recent years, family members and consumer advocates have pointed a finger at guardrail manufacturers, including Trinity Industries.

Trinity allegedly trimmed an inch off its end terminals in order to save money on manufacturing costs. According to experts, the guardrail now does not have adequate space to peel away the intended direction. Instead, the guardrail can pierce straight through a vehicle, increasing the risks of the occupants being maimed or killed, allege lawsuits.