Arizona’s Department of Transportation ADOT is facing multi-million dollar claims after a tragic crash on I-17 that resulted in the death of one teenager and serious injuries to another.
The claims, which must be filed before a lawsuit can proceed, accuse ADOT and the state of Arizona of being responsible for the February crash near Cordes Junction. In the incident, a vehicle carrying two teens, Jaxon Elliott and Jett Weinstein, collided with a guardrail. Elliott died at the scene, and Weinstein lost his right leg when the guardrail pierced the car.
The guardrails involved, known as ET-Plus, have been controversial for years, with safety advocates questioning their effectiveness in crashes. Trinity Industries, the manufacturer, settled a $56 million lawsuit in Missouri in 2022 over these guardrails.
The claims against ADOT argue that
Arizona breached its duty by not properly inspecting or maintaining the guardrail, creating an unreasonable risk for drivers.
If the guardrail had been properly inspected and maintained, ADOT should have recognized that it was dangerously defective.
Arizona failed to protect the public by not ensuring the safety of the guardrails.
A federal investigation ten years ago found that these guardrails met safety standards. Despite this, there are over 4,000 ET-Plus guardrails still in use on Arizona roads, although the state no longer installs them.
When contacted, ADOT declined to comment on the ongoing legal matter.
