BUFFALO, N.Y. - Three state lawmakers representing Western New York launched a bipartisan effort on Tuesday to regulate the state's use of a roadway guardrail device, which contributed to the death of a 17-year-old Chautauqua County native on an East Tennessee highway in November.
Senator Cathy Young (R-Olean) said 2 On Your Side's reporting on Monday prompted her to immediately file legislation to ban the "X-LITE" guardrail end terminal from New York's roads. A spokesperson for Senator Michael Ranzenhofer (R-Amherst) said he plans to co-sponsor the bill, and Assemblyman Sean Ryan (D-Buffalo) said he intends to sponsor the Assembly version of the bill.
The X-LITE, developed by Nebraska-based Lindsay Corporation, had been removed from the state of Tennessee's approved list of equipment even before Hannah Eimers died on impact after crashing into the device on Nov. 1, due to concerns over long-term "performance" issues. After Eimers' fatal accident on Interstate 75 in East Tennessee, the Tennessee Department of Transportation then decided to physically remove some of the existing devices across the state.
However, the New York State Department of Transportation still includes the X-LITE on an approved list of equipment and materials, which means any contractor in New York would be free to install the device.
Young initially introduced a bill on Monday to prohibit the installation of an X-LITE terminal on roads with a speed limit greater than 45 miles per hour. On Tuesday, she then decided to strengthen the legislation by sponsoring a second bill that would ban the devices on all roads.
Prior to 2 On Your Side's inquiry on Monday, Young's office had previously been unaware of scrutiny surrounding the X-LITE terminal.
"When you called yesterday, and let me know about it, I took immediate action to make sure that we put legislation in immediately-- because I'm so concerned about the situation," Young said. "The design of this guardrail is seriously flawed, and it doesn't belong in New York state."
Hannah Eimers, who was born in Fredonia but lived most of her life in the Knoxville area, crashed into the very device intended to protect her. The X-LITE is designed to soften the impact to drivers and passengers in the event of guardrail crashes.
In this case, though, the impact of the X-LITE terminal killed Eimers instantly, according to Hannah's father, Stephen.
WBIR-TV in Knoxville reported Tuesday that X-LITE devices have been involved in at least four fatal accidents in Tennessee. The state of Virginia also removed the X-LITE from its list of approved equipment back in September.
On Tuesday, Assemblyman Ryan sent a letter to New York State Department of Transportation Commissioner Matthew Driscoll, asking his agency to provide a list of X-LITE locations on the state's roadways. Ryan also asked the department for any information related to the review of the X-LITE devices.
Ryan has not yet received a response.
"Rest assured, if this product is even questionable, it should come off New York state's approved list," Ryan said. "We don't want to have any accidents here in New York or any injuries. Also, we don't want to have to go backwards and remove all the guardrails if in fact this product is ruled to be dangerous."
A spokesperson for the State Department of Transportation said the agency does not comment on proposed legislation. It also could not provide 2 On Your Side with a list of X-LITE locations.
However, the spokesperson once again noted that all approved devices in the state of New York are in compliance with Federal Highway Administration standards.
Lindsay Corporation, the producer of the X-LITE, also issued a statement on Tuesday defending its safety record.
Scott Marion, the president of the Infrastructure Division for Lindsay Corporation, said the X-LITE terminal has passed all crash and safety tests and remains in federal compliance.
"It is widely recognized that there are impact conditions that exceed the performance expectations of all safety equipment. While federal crash testing is intended to assess a variety of conditions, no test can replicate every possible scenario," Marion said. "Many factors can affect the severity of an impact, including the type and size of a vehicle, the angle at which a vehicle makes impact, vehicle speed, highway design, and many more. Without understanding the complete details of an accident, there is no additional information we can offer."
In a phone interview from Tennessee on Monday, Stephen Eimers called the X-LITE an "extraordinarily dangerous device." He said he wants to see the device pulled from New York, where many of his family members still live.
Young, who represents the Fredonia area where Hannah was born, said she also contacted the State Department of Transportation to determine how many of the X-LITE terminals are placed on New York's roadways.
Her legislation to ban the device has been referred to the Transportation Committee.
"This is an actual local family that is suffering right now, and I know that Hannah's father already is speaking out. And I thank him for that," Young said, "because what he's doing is actually working to save other people's lives."
Full Statement from Scott Marion, President of Infrastructure Division at Lindsay Corporation:
"Our thoughts and prayers are with the Eimers family and all of those affected by this tragic accident. For decades, Lindsay Transportation Solutions has made safety our number one priority. As federal standards and criteria change, we work with states to offer products that help them to enhance safety on the roads for their drivers. The X-Lite guardrail terminal has successfully passed crash and safety tests in accordance with federal standards and criteria, and remains qualified for use on America's roadways. It is widely recognized that there are impact conditions that exceed the performance expectations of all safety equipment. While federal crash testing is intended to assess a variety of conditions, no test can replicate every possible scenario. Many factors can affect the severity of an impact, including the type and size of a vehicle, the angle at which a vehicle makes impact, vehicle speed, highway design, and many more. Without understanding the complete details of an accident, there is no additional information we can offer."