Lawsuit alleges type of guardrail caused Watauga County teen's death

CATAWBA COUNTY, N.C. — A new lawsuit states one specific type of guardrail is to blame for the death of a Watauga County teen.

Thursday marked one year since Jacob Davison was killed.

Reporter Dave Faherty discovered those same rails are still on roads across North Carolina.

The guardrail is at the center of a lawsuit in several counties in western North Carolina.

Company officials said making products that save lives is its top priority, but many people believe the company's guardrails are defective and dangerous.

"Can't look over there and not think about him," resident Len Wilson said.

Davison often helped Wilson and other neighbors in Ashe County.

"He would come over and help around the house and my wife,” Wilson said. “He was just a mighty good young one."

"Just heartbroken because Jacob was such a nice young man," resident Jeane Wilson said.

Three families are now suing the company that made the guardrail Davison struck along Interstate 40.

Their concern is that the guardrail can split, and then pierce a car.

Channel 9 has obtained a video of how the Lindsay X-LITE end system blamed for Davison's death is supposed to work.

[CLICK HERE for more information on the X-LITE End]

In 2011, the Federal Highway Administration said the X-LITE guardrail were tested to be safe, the North Carolina Department of Transportation said.

Last year, the federal government updated its standards after finding the guardrails can pierce through vehicles doors, officials with the Department of Transportation said.

[FHWA manual for assessing safety hardware standards]

Starting July 1, the department will not be installing X-LITE guardrails on new construction projects or when a guardrail end needs to be replaced.

The state of Tennessee is already spending millions of dollars to replace 1,800 X-LITE guardrails. At this point, North Carolina has no plan to do that and could not tell Channel 9 where the faulty guardrails are located.

Cox Media Group