An Overview of Guardrail Accidents and Claims

Roadway guardrails are supposed to prevent accidents or mitigate their severities. However, guardrail failures can cause or aggravate accidents. Guardrail accident claims are different from collision accident claims because you are not going against another driver. 

Below is an overview of guardrail accidents and related claims. 

How Guardrails Can Aggravate Accidents 

Anything that weakens a guardrail makes it an accident risk. Below are examples of how guardrails can cause or aggravate accidents.

Guardrail Defects

A defective guardrail might not offer the same security as sound guardrails. For example, guardrail sends should have impact-absorbing treatments. That way, a guardrail's end won't impale your car if you lose control of the car and crash into it. However, a defectively treated guardrail an impale your car.

Defects can affect other parts of the system, such as:

• The poles
• Connections
• Guardrail itself

Note that you might need an expert, such as a highway safety expert, to determine the cause of the accident and provide relevant testimony.

Negligently Installed Guardrails

Proper installations of guardrails ensure they provide maximum safety. Installation failures include:

• 
  
• Incorrect guardrail height
• Incorrect post depth
• Incorrect connections

For example, a smaller sedan might drive under a guardrail if it is installed too high.

Poorly Maintained Guardrail

Even a properly installed guardrail requires maintenance. Otherwise, the guardrail might lose its safety functionalities. For example: 

• A guardrail might corrode and weaken
• Guardrail posts might suffer soil erosion and weaken
• Accidents might weaken guardrails 

The relevant professionals should inspect and repair guardrails before they endanger road users' lives.

What to Know About Liability Theories and Liable Parties 

Identify the applicable liability theory if you have a guardrail accident claim. The liability theory will help you identify the liable party and prove why they owe you the damages. Below are three liability theories you can use in a guardrail accident claim. 

Negligence

Your claim must satisfy the elements of negligence if you want to base your claim on negligence. You must prove that:

• The defendant owed you a duty of care
• The defendant breached that duty
• The breach caused your injury
• You suffered real damages 

In a guardrail accident, negligence may apply if improper installation causes a guardrail accident. After all, the contractor had a duty to install the guardrail properly for all road users. 

Product Liability

A product liability claim may apply if a defective guardrail caused the accident. In this case, you must prove that:

You suffered real injuries The guardrail was defective The defect caused your injuries You did not misuse the guardrail

In this case, the party responsible for designing, manufacturing, or distributing the guardrail will be the defendant. Such parties may include:

• The original guardrail's designer
• The manufacturer or assembler that put the guardrail together
• The vendor that sold the guardrail material to the government 

In fact, you may have multiple defendants and include everyone who handled the guardrail from its design to installation.

Premises Liability 

Lastly, you may also use premises liability in your case. Premises liability laws expect property owners (including government bodies) to keep their properties safe for the public. Thus, you may succeed with a premises liability claim by proving that: 

• The property owner (the government in this case) was in control of the property (road with the guardrail)
• The government owed you a duty of care of keeping their roads safe
• The government failed in this duty by not maintaining or fixing its guardrails
• The breach of duty caused your injuries
• You suffered real injuries 

Note that injury claims against government bodies follow different laws and tend to be complicated. Consider consulting an experienced lawyer for help.

Walsh & Associates, PC, has over thirty years of experience with auto accident cases. Contact us for a free initial consultation on your guardrail accident. We will review the case, determine liability, and help you pursue your damages.