Guardrail accidents typically involve vehicle collisions with the guardrail portion of a highway. These types of accidents can cause serious injury and/or damage to passengers. Guardrail accidents can involve two or more vehicles, and they can often involve single car collisions as well (such as when a car veers off into a rail).
There are various types of guardrail lawsuits. These can involve accidents such as:
- Crashes into a guardrail
- A lack of a guardrail, which allows a car to fall off of a cliff or high ledge
- Defective or faulty guardrails that cause additional injury or damage
In particular, there have been many recent claims involving a certain type of guardrail called an “X-Lite” Guardrail. These types of guardrails are designed to have the front portion of the rail crumple or break away with the intention of reducing the risk of injury or damage to the automobile. However, in many cases, the front rail mechanism may have been faulty, leading to increased occurrences of the rail “spearing” the car, causing additional injury and property damage.
Who Can be Held Liable for Guardrail Accident Injuries?
Depending on the circumstances, various parties can be held liable for a guardrail accident. In some cases, another driver on the road can be held liable for causing a guardrail-related accident. Such cases would be determined in a similar fashion as most car accident cases, with the court examining evidence that proves negligence or recklessness. For instance, if a driver was speeding and caused another car to evade into a guardrail, they might be held liable for the accident.
In other cases, the manufacturer of the guardrail can be held liable for damages or injuries caused by a defect with the guardrail. An example of this is in the cases involving X-Lite guardrails as mentioned above. Here, there would need to be proof that the defect was a direct cause of the victim’s injuries.
Lastly, a city government or municipal agency can sometimes be sued if they failed to maintain safe guardrail conditions. An example of this is where they fail to repair a guardrail that they knew or should have known was in a state of disrepair.
What are the Legal Remedies in a Guardrail Accident Lawsuit?
Guardrail accidents can involve serious injuries as well as property damage, and may require legal action to resolve any disputes. For these types of lawsuits, the legal remedy will typically involve some form of monetary damages that is awarded to the non-liable party. This award will typically cover losses like medical and hospital expenses, treatment and rehabilitation costs, and other expenses like lost wages and loss of future earning income.
In some cases, other consequences can occur, such as recall of a defective guardrail part or other similar actions.
Do I Need a Lawyer for Help with a Guardrail Accident Lawsuit?
Guardrail accidents can present some complex issues and legal disputes. It may be in your best interests to hire a personal injury attorney in your area if you need help with a lawsuit. Your attorney can provide you with legal advice and representation for your claim, and can guide you through the process.