$56 Million Lawsuit Filed Against ADOT After Fatal Guardrail Crash Involving Valley Teens

PHOENIX — The Arizona Department of Transportation (ADOT) faces two Notices of Claim, totaling $56 million, resulting from a tragic guardrail accident on I-17. The incident involves two teenagers from the Valley, Jaxson Elliott and Jett Weinstein, who were driving near Cordes Junction when they collided with an ET-Plus guardrail.

This guardrail pierced through the vehicle, causing fatal injuries to Elliott and severe injuries to Weinstein, who subsequently lost his right leg. Elliott’s mother is seeking $20 million from ADOT, while Weinstein’s family claims $36 million.

Weinstein recounted the moments leading up to the accident, describing waking up confused and disoriented after the crash. “I just think about like the second we made contact and me waking up, not knowing what’s going on, trying to grab the handle,” he said in an interview.

Critics accuse ADOT of negligence for leaving the potentially dangerous guardrail in place. An ADOT spokesperson declined to comment on litigation matters. Attorney James Fucetola stated, “To pierce the car as it did in this instance is precisely what it’s not supposed to do.”

According to the Department of Public Safety’s investigation, the vehicle’s actions prior to the collision suggest a loss of control. Witnesses reported seeing the car drift from the left lane before it eventually spun out of control and struck the guardrail.

Elliott died at the scene, while Weinstein was airlifted for emergency care. Steve Eimers, a guardrail safety advocate, emphasized the inadequacy of the guardrail design during a prior interview, noting that guardrails are typically meant to withstand direct impacts at reasonable angles.

The ET-Plus model has a controversial history regarding its safety standards. An attorney for Elliott’s mother characterized the guardrail as a “metal high-speed projectile” that has proven dangerous in similar scenarios. In response to the claims surrounding the ET-Plus, a spokesperson for Trinity Industries defended the guardrail’s safety, citing Federal Highway Administration (FHWA) approvals.

In 2014, after an investigation, the FHWA reaffirmed the ET-Plus’s compliance with safety criteria. Notably, while ADOT removed the guardrail from its approved products list, approximately 4,184 ET-Plus systems remain in use across Arizona.

In their Notices of Claim, attorneys assert that ADOT failed to adequately inspect and replace known defective guardrails. The speed limit in the area is 75 mph, exceeding the guardrail’s tested capabilities of 62 mph. Eimers remarked, “On high-speed locations… this is a product that we need to pull off the roadside.”

A class action lawsuit against Trinity Industries has been initiated in Missouri, where the company agreed to a $56 million settlement last year without admitting fault. They did, however, pledge to replace the ET-Plus systems on Missouri roads.