The location was already flagged internally
Transportation agencies facing guardrail liability claims frequently argue that limited budgets require prioritizing safety improvements across an entire highway system, and that failing to install a guardrail at any one location does not, by itself, establish negligence. This argument is significantly weakened when the specific location had already been identified through the agency's own internal process as warranting a guardrail, since the agency's own prioritization process had already flagged the location, only for that recommendation to go unimplemented.