"...officers involved in the accident were instructed by an official "above the rank of patrolman" to take Kennedy home."
So, I guess he didn't hurt himself in the crash considering he was taken home and not to a doctor or hospital to get a neck brace...
The barrier interrupted a good "buzz", I'm sure there is a bottom feeder lurking that could be pursuaded to sue the manufacturer of the barrier on the aforementioned basis.
If you can sue a ham sandwich, by damn, if you're a Kennedy you ought to be able to sue concrete workers and their employer.