NASHVILLE, Tenn. (WTVF) — A 27-year-old Nashville man is suing the city, a nearby apartment complex and contractors after a crash involving an alleged faulty guardrail left him paralyzed for life.
Daniel Freeman slammed into a guardrail on Pin Hook Road four months ago in May. His attorneys say the guardrail was installed incorrectly, making the consequences of the crash far worse than they should have been.
"One day you're driving a co-worker home from work, and when you turn around to go home, you're never going to walk again," said Josh Moore, a Morgan and Morgan attorney representing Freeman.
Moore said this crash could have been deadly because the guardrail was allegedly installed wrong.
"It's been known for a number of years that if a guardrail is left with basically a straight end pointing at the direction of traffic, it's almost like a butter knife," Moore said.
The guardrail stopped Freeman's car but also pierced the windshield and struck him.
"The guardrail itself coming right through the middle of the engine block and making impact with the passenger also is its own blunt force weapon that essentially causes catastrophic injury," Moore said.
Tennessee has strict guardrail requirements
Tennessee has significant requirements for guardrails, including end terminals or anchors to make them safer. Some of those changes came after 17-year-old Hannah Eimers lost her life against an outdated X-Lite guardrail in 2016.
Eimers was driving along I-75 in McMinn County when her vehicle drifted off the road and crashed into a guardrail. It impaled her vehicle and instantly killed her.
After reviewing crash data, the Tennessee Department of Transportation made the decision to remove X-Lite guardrails from across the state. Eimers' death also led to a new law passed in 2022 that puts additional safety checks in place for testing crash cushions and guardrail end terminals on public roads.
Those X-Lite guardrails were removed statewide, but Moore said danger still remains.
"This is not the only blunt end guardrail in Antioch or in Davidson County. They need to be rectified, because this is a known problem," Moore said.
Freeman's life forever changed
Freeman was an aspiring songwriter who worked as a waiter at The Row in Midtown Nashville before the crash.
"Now he doesn't have the use of either his legs or his arms," Moore said.
Freeman will have surgery soon. Doctors hope he can gain some use of at least one of his hands.
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