RICHMOND(WSLS10) - Trinity Industries, the company accused of making a guardrail that can malfunction and impale drivers is planning on again selling the products.
This comes after Virginia's attorney general's office said the guardrail had "failed miserably" in a crash test.
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Eight federal tests back in 2005 showed the guardrails to be safe.
Last year, the attorney general filed a lawsuit against Trinity Industries claiming fraud after it was revealed the company modified their design without notifying the government.
Last month, VDOT conducted a number of its own tests on the ET Plus in an effort to determine if the product is safe for Virginia roads.
While those test results are not back, a document filed by the attorney general's office reads:
"The new, modified et-plus was recently crash tested by Virginia using the low angle critical test and it failed miserably. The pickup truck in one test went airborne after hitting the extruder head then flipped and landed on the guardrail."
While the attorney general continues to point out flaws in Trinity's design, Trinity is fighting back.
Trinity has launched a campaign with ads and billboards accusing VDOT of improperly installing its product on Virginia roads. Trinity Spokesperson Jeff Eller says the company also accuses VDOT of improperly testing the product last month.
"VDOT's crash tests of the et plus system were done to try and produce a failure to support its litigation, plain and simple," Eller said.
VDOT will not comment on when the test results will be available.A spokesperson for the department says VDOT will not speculate on what those results will be.
Meanwhile, Trinity Industries says they are receiving inquiries from potential customers on buying ET Plus guardrails. The company says they will resume shipping the product as soon as orders are in.