How One Company’s Fraud is Leading to Death on America’s Highways
On November 1, 2016, my daughter, Hannah Eimers was driving to school with a friend in Tennessee. She never made it. At just 17, she was brutally speared by a highway guardrail called ‘X-Lite’ produced by the Lindsay Corporation. My daughter was eviscerated but Hannah’s friend walked away without a scratch. Before Hannah’s crash the X-Lite had been banned by Tennessee for safety concerns involving other spearings.
A Safety Device Causing Injuries Similar to IEDs
How can a supposed safety device on America’s roadways be causing injuries similar to weapons of war? Hannah did not have to die but her story is one of so many. Lauren Buettel was killed in Tennessee; Jennifer McCarthy lost her leg in Massachusetts; Michael Carter Jr. was fatally speared in Maryland — all by X-Lite products meant to protect them.
Federal Oversight is Non-Existent
In 2016, the U.S. Government Accountability Office (GAO) identified a lack of oversight by the U.S. Department of Transportation’s Federal Highway Administration (FHWA) related to crash testing lab independence. In 2017, the USA TODAY NETWORK has reported Lindsay Corporation performed all crash testing of the X-Lite at its own test lab and other concerns with FHWA oversight. USA TODAY NETWORK even issued a call for FHWA to rescind the X-Lite’s eligibility letter and implement safety reforms.
FHWA has ignored the GAO and refuses to reform its dangerous ways. The Agency continues to accept crash testing conducted by test labs with a conflict of interest. FHWA has not rescinded the X-Lite’s Eligibility Letter. FHWA has ignored its duty to protect the public safety. Within the Infrastructure Bill which passed the Senate is language that would compel the FHWA to mitigate crash testing with a conflict of interest.
State DOTs See the X-Lite’s Problems
As noted by reporting from the USA TODAY NETWORK Tennessee found X-Lite was resulting in “unacceptable safety levels” and has recalled its entire X-Lite inventory. Additional reporting showed Arizona said X-Lite had “constructability challenges” and Rhode Island had concerns about “quality.” Additional reporting noted Lindsay did not address the concerns of the Florida DOT.
While deaths and maimings after impacting an X-Lite have continued to mount FHWA has stubbornly refused to act, the state governments of Missouri filed a lawsuit and reported that Lindsay misrepresented the results of its crash testing “for the purpose of making prospective purchasers believe that the X-Lite System functioned safely” and that X-Lite is “DEFECTIVE”. California reported X-Lite was “…not meeting field performance expectations”. Michigan noted undisclosed/ untested changes to the X-Lite. Virginia conducted independent crash tests which failed in violent rollovers.
What They Knew and When They Knew It
Lindsay Corporation’s own simulations showed that the X-Lite is “unstable” and the passenger compartment was speared three times in the original 2010 crash testing. Lindsay knew these spearings were going to happen but still installed X-Lites across 29 states. Lindsay Corporation, in response to performance concerns, even conducted more crash tests, yet every test failed catastrophically. By sealing records, Lindsay Corporation is hiding these tests from state transportation officials allowing the X-Lite to continue to mutilate and kill American motorists.
Following additional spearing deaths, at least 18 states have removed their X-Lites from the roadside. Others such as Georgia, Massachusetts, North Carolina, and Texas have not. Tens of thousands of X-Lites remain in use across the country and they continue to be impacted and kill the innocent. This photo comes from an April 9, 2021 X-Lite spearing in Northampton, MA.
Actions that Will Save Lives
First, the United States Congress must codify the pending legislation that would mitigate conflicts of interest in crash testing. FHWA has ignored the GAO recommendations for over half a decade already. FHWA will never fix its problems unless the Agency is compelled to do so.
To stop more needless deaths from occurring, United States Secretary of Transportation Pete Buttigieg must step in and take immediate action and compel the FHWA to recommend a recall of all remaining X-Lites. The traveling public cannot continue to wait for state-by-state action.
Additionally, as reported by the USA TODAY NETWORK, Lindsay Corporation has acknowledged that they are currently being investigated by the U.S. Department of Justice under the Federal False Claims Act. Attorney General Merrick Garland and Department of Justice attorneys must move forward with the False Claims Act case. Corporations whose fraudulent actions kill and maim the innocent must be held accountable. Without DOJ action, justice for Hannah and for those other families who lost a loved one or have seen their lives forever changed by a maiming or amputation, will not be served.
