Guardrail Accident Lawsuit

Over 40,000 people die in vehicle crashes every year. According to the National Highway Traffic Administration, an individual is involved in an automobile accident every ten seconds. Every twelve minutes, someone dies in a car accident. Vehicle accidents are the leading cause of death for individuals 35 years of age and younger.

People can suffer grave injuries in a car accident, such as broken bones, burns, internal injuries, traumatic brain injuries, cuts and lacerations, and more.

It is important to remember that not all injuries from a car accident appear immediately. In other words, an individual can develop symptoms at a later date that are related to the accident. Even though the symptoms are delayed, the injury may still be severe. Studies have provided that individuals may still suffer the effects and symptoms of an accident for months or even years after its occurrence.

Irresponsible driving behaviors cause most car accidents. Statistics show that most car accidents involve at least one distracted driver. Common causes of car accidents include:

• Rubbernecking, or slowing down the vehicle to watch what is happening on the side of the road or other areas of the roadway
• Cell phones, or a driver using their commute time to make phone calls, send text messages, or read other information
• Driver fatigue
• Passenger distractions
• Looking at scenery
• Adjusting the radio or other car components

Rubbernecking is a leading cause of traffic accidents and also causes many delays. It is dangerous because it causes drivers to take their eyes off the road.

Currently, many states have enacted laws eliminating or limiting the use of cell phones while driving. Texting while driving is forbidden because it causes a driver to operate their vehicle in a way similar to driving while intoxicated and is very dangerous to the driver and others on the road.

Other common causes of car accidents include:

• Reckless driving. Individuals who drive recklessly or unsafely cause accidents with their aggressive driving. This may come as a result of improper or excessive lane changing, speeding, or improper passing on the road
• Drunk driving. It is estimated that every 30 minutes, an individual dies in an alcohol-related car crash
• Automobile defects. A car accident may occur because of a defect in a vehicle
• A tire blowout caused by defective tires or poor roads
• Malfunctioning traffic signals
• Poorly maintained roads
• Other roadway defects, such as a defective guardrail

What are Guardrail Accident Lawsuits?

Guardrails act as safety barriers to prevent drivers from serious harm in crashes where a vehicle departs from its lane. Guardrails are often found on bridges and areas where drivers risk rolling over or going off the road or a sharp curve if they lose control. They’re built to stop cars that have exited the roadway or slow them down enough to prevent a crash from becoming an even greater catastrophe.

Guardrails are designed to crumple or break away when hit by a car. This should slow down the vehicle and absorb some of the impact. However, guardrails do not always function as intended. When they don’t telescope as they’re designed to, the guardrail can impale the vehicle, and the occupants can be fatally injured.

Drivers often make contact with guardrails because of:

• Drowsy driving
• Distraction
• Being sideswiped or knocked out of their lane by another driver
• Spinning out due to rain, ice, or oil on the road
• Speeding or driving around a curve too fast
• Poor visibility due to fog or heavy rain

A guardrail accident may involve a single-car collision, such as when a car veers off the roadway into a guardrail. They can also involve two or more vehicles.

There are 3 principal types of guardrail lawsuits. These may involve accidents that occur when:

• A vehicle crashes into a guardrail
• The roadway lacks a guardrail, allowing a vehicle to fall off a cliff or a high ledge
• There is a defective guardrail that causes injury or damage

Who Can Be Held Liable for Guardrail Accident Injuries?

Depending on the circumstances, different parties may be liable for guardrail accidents.

In some accidents, another driver on the roadway may be held liable for causing the guardrail-related accident. These cases would be handled like other car accidents, where the court examines evidence showing the driver’s negligence or recklessness. For example, if the driver was speeding and caused another vehicle to hit a guardrail to evade their driving, they may be liable for the accident.

In other cases, the manufacturer of a guardrail may be held liable for injuries caused by a defect in the guardrail. One highly publicized example is the Lindsay Corporation, which manufactured the X-Lite guardrail. The X-Lite has been the cause of many serious – sometimes fatal – guardrail accidents. Missouri has sued the Lindsay Corporation, and many states have replaced their X-Lite rails. Drivers and surviving family members have also been able to sue the manufacturer.

A city government or municipal agency may sometimes be sued if they fail to maintain safe guardrail conditions. An example is when they fail to repair a guardrail that they knew or should have known was in disrepair.

What are the Legal Remedies in a Guardrail Accident Lawsuit?

The legal remedy for an accident case typically involves a form of monetary damages. The damages award is meant to cover losses such as:

• Medical expenses
• Hospital expenses
• Treatment and rehabilitation costs
• Lost wages
• The loss of the capacity to earn a salary in the future

Another type of remedy is an injunction. An injunction orders the losing party to perform some act or to stop performing an act. This may include the removal or recall of a defective guardrail.

What is a Single-Car Accident?

A single-car accident is a car accident that involves only one vehicle. It is common for guardrail accidents to be single-car accidents. A guardrail manufacturer or an entity responsible for maintaining roadways may be held liable in these cases, even if, on the surface, it appears that the accident was the driver’s fault.

The public entity responsible for maintaining the roadway may be a city, county, or state, depending on the location of the accident, if they were negligent in installing or maintaining the roadway.

Can Anything Be Done to Reduce the Likelihood of an Automobile Accident?

Yes, there are many things drivers can do to reduce their likelihood of being involved in an automobile accident.

First, put the cell phone down. Most automobile accidents occur when a driver is distracted, tired, or intoxicated. The National Highway Safety Traffic Administration reports the following figures for how often drivers are distracted by varying activities:

• 81% – talking to passengers
• 66% – playing with the radio or CD player
• 49% – eating or drinking
• 25% – using a cellular phone

Do I Need a Lawyer for Help with a Guardrail Accident Lawsuit?

Yes, it is essential to have the assistance of an experienced car accident lawyer for help with any guardrail accident issues. These types of accidents can involve complex issues and legal disputes. Your best chance at recovery is with the help of an attorney.

An attorney can review your case, help you file a lawsuit against the responsible parties, and represent you during any court proceedings. Your attorney will fight to ensure you are compensated for your injuries.