It's been one week and a day since a fatal accident on a winding road in Philadelphia's Chestnut Hill. Police said the guardrail where the car went into Cresheim Creek was already damaged before the crash and CBS News Philadelphia is uncovering a pattern of crashes at that site.

The scene Monday morning on Cresheim Valley Drive, not far from Lincoln Drive in Chestnut Hill, was the same as it had been the last week — the guardrail mangled on the ground and about fifteen traffic cones lining the curve. Eight days ago, on the evening of Nov. 30, a driver was killed after, police said, he lost control of the car, hit a downed guardrail, and flipped upside down into the creek.

"It is not uncommon to hear or see that there are cars in the creek, either there or along Lincoln Drive," Josephine Winter, the Executive Director of West Mt. Airy Neighbors, told CBS News Philadelphia. 

According to police, there were three crashes in about three weeks at that exact spot. On Nov. 8, police noted the guardrail was "already mangled." Crashes on Nov. 19 and 30, police said the guardrail was already "down." A street view image on Google shows the guardrail down in July of this year. CBS News Philadelphia obtained police data showing crashes at this scene 17 times since March.

CBS News Philadelphia asked Elizabeth Bailey, a Philadelphia attorney who's represented many clients involved in guardrail-related crashes, about this stretch of road.

"What we're looking at here is a guardrail that is in a condition that can't do its job," Bailey said.

It's possible, according to Bailey, given its current state, the guardrail could be doing more harm than good.

"That's actually a really scary point about this. So, let's assume we've already covered the vehicle exiting the roadway. You've got here what is essentially a 30-foot spear," she said.

CBS News Philadelphia asked the City of Philadelphia's Streets Department how long this guardrail has been damaged and what the typical time frame is for repairing guardrails in the city. No one answered those questions. A statement last week said in part: "The Streets Department's top priority is public safety. As part of that commitment to public safety, we are conducting a thorough assessment of the guardrail on Cresheim Valley."

On Thursday, a spokesperson with the Streets Department told CBS News Philadelphia repairs to the guardrail on Cresheim Valley Drive are scheduled for this week, weather dependent.