Guardrails are designed to prevent vehicles and objects from going off the road and into hazardous areas, such as opposing lanes of traffic, steep drops, bodies of water, or busy intersections. Despite their protective purpose to save lives, guardrail accidents can be a jarring experience. It can result in serious injury, vehicle damage, and other types of losses. Knowing what to do after hitting the guardrail can help you navigate the aftermath effectively and mitigate potential legal and financial repercussions.
Causes of Guardrail Accidents
Guardrail accidents can happen for various reasons, ranging from driver negligence to roadway defects (dangerous conditions of public property) to design flaws in the guardrails themselves. Unfortunately, many of the guardrail accidents are caused by human error. That includes other drivers negligently striking the victim’s vehicle or another driver’s unsafe maneuver, forcing the victim’s vehicle off the road and into a guard rail. When drivers are not focused on the road, they may lose control of their cars and crash into guardrails. Overspeeding and not yielding according to traffic laws can also play a role in such accidents.
In some cases, guardrails may have design flaws or could be improperly installed, leading to accidents. If a defective guardrail or poor installation contributes to an accident, the relevant municipality, governmental entity, road crews, or construction companies may be held responsible for the damages. The road crews could be at fault if they were negligent in installing guardrails. The guardrail manufacturer or government entity could also be held liable if the issue is with the material, design, or manufacturer of the guardrail.
Adverse weather conditions, such as heavy rain, snow, and fog, can significantly affect driving. Low visibility or slippery roads may hinder a driver’s ability to avoid collisions with guardrails. Other common causes of guardrail accidents include vehicle issues, such as tire blowouts or brake malfunction.
Steps After Hitting A Guardrail
The steps you take in the immediate aftermath of a guard accident are essential as they help ensure your safety, protect your legal rights, and support your insurance claim. If you suffered such an accident, try to stay calm and check for injuries among all passengers in your vehicle. If other vehicles were also involved, assess whether anyone else requires assistance and, if necessary, call emergency services immediately.
Even if you suffered minor injuries, you must seek medical attention. This step helps you get the treatment you need for your injuries and also establishes a record of the incident. Notify law enforcement about the accident, especially if there is significant damage or injuries, such as broken bones or head injuries.
When officers arrive at the scene, you should cooperate fully with them and provide accurate information without speculating about the cause of the accident. Their report will be crucial for your insurance claim or lawsuit.
You should also contact your insurance company promptly to report the incident. However, avoid admitting fault or sharing unnecessary details that could complicate your claim.
Unless you have a genuine need for a medical emergency, you should always stay at the scene. If you leave, it could be considered an act of hit-and-run, which can lead to serious consequences.
If you damage a guardrail, it’s essential to report it to help get it repaired quickly. Without a secure guardrail, the area could be dangerous for other drivers who rely on these barriers to stay safe on the road. Letting your insurance company or the local authorities know about the damage can help prevent further accidents and keep the road safe for everyone.
Even if the guard rail accident was someone else’s fault, you still require evidence to prove that and build a solid case to recover maximum compensation. You should start by gathering readily available evidence from the crash site, such as eyewitnesses’ contact information and photos of the damages and road conditions that caused the accident.
To initiate legal action, you should consult with an experienced personal injury attorney Encino who can assess your case to guide you on your best legal options. You will need to file an insurance claim to recover damages. Some insurance policies include car insurance guardrail coverage, which can help protect you financially in the event of an accident involving guardrails.
Each state has specific laws regarding accidents, and failing to comply can lead to legal penalties. Generally, it is your legal obligation to stay at the scene and report the accident. You may also be required to file an accident report with your local Department of Motor Vehicles (DMV).
Exploring Insurance Implications And Coverage for Guardrail Accidents
The insurance implications for a guardrail accident depend on your insurance policy type, coverage, and specific circumstances of the accident. Damage to your vehicle would typically be covered under collision coverage. Depending on local laws, any damage to the guardrail or harm to other road users may be covered under your liability coverage.
Filing a claim can also affect your insurance costs, especially if you were at fault for the collision. When you file a claim, the insurance provider has the right to investigate the case to determine liability. Review your insurance policy with your attorney so you can make informed decisions about your coverage, responsibilities, and potential liabilities following a guardrail accident. You may be able to recover various expenses through a personal injury claim, including costs for personal property. Fatalities can also be caused when a guardrail is not installed correctly. You may need to file a wrongful death claim to recover damages for that.
Guardrail Accident Preventive Measures for the Future
As a driver, you can minimize the risk of suffering guardrail accidents by ensuring you don’t engage in any distractions while being behind the wheel. Even a few seconds of distractions could be enough to cause an accident.
Additionally, you need to follow all traffic laws, including following the right-of-way rules for oncoming traffic, driving under the speed limit, and using turn signals when changing lanes or turning. Keep your vehicle in good condition by keeping up with all the maintenance and addressing any issues that are needed. It also helps to adjust your driving according to the conditions, such as slowing down when there is low visibility.
Can I Sue If A Faulty Guardrail Contributed To My Accident?
If the accident happened due to a faulty guardrail, you may be able to sue the at-fault party. Common causes of faulty guardrails include poor maintenance, defective installation, or defective material used for making the guardrails. The party at fault for such issues with the guardrail could be government entities or private organizations. You will have to prove that the at-fault party’s negligence or wrongdoing resulted in the guardrail accident. To recover medical expenses, you may need to file a personal injury claim.
Under California law, government entities, including local or state agencies, are responsible for roadway infrastructure. If they failed in their duty to ensure safety standards, you have the right to file a lawsuit against them. In that event, the victim must be aware of and in compliance with statutory law regarding the filing of a governmental claim in order to file a lawsuit against the governmental entity in the appropriate court. Governmental claims Require a Specific format, constituting a technical legal document, which must be filed within a specific period after the accident (often that period is only six (6) months). Otherwise, the claimant risks being barred and precluded from pursuing the claim, regardless of its merits. Therefore, If a Claimant suspects that a defective guardrail, roadway, or other condition of public property caused and/or contributed to the occurrence of the accident, a qualified and experienced law firm should be contacted promptly because time is of the essence in that context.
Similarly, you can sue private companies, such as contractors responsible for installing, manufacturing, or maintaining guardrails, if their negligence contributed to your accident. In that event, the applicable statute of limitations is also strict. Yet, the period for filing a lawsuit in the appropriate court is often longer than the six months for governmental claims.
How Can The Law Offices Of Rosenstock And Azran Help?
At the Law Offices Of Rosenstock And Azran, our team focuses exclusively on personal injury cases, including car accidents involving guardrail collisions. Guardrail accidents can involve various vehicles, including motorcycles and trucks, each presenting unique challenges and potential injuries for those involved.
With our comprehensive case evaluation, you can expect a detailed analysis of your situation, allowing us to identify critical factors that may impact your case. Our attorneys can help you with all legal aspects of the case, including gathering evidence, filing a claim, completing paperwork, and negotiating with the insurance companies. If you’ve been injured, we’re here to help. Let us provide you with legal advice on guardrail accidents to help you through this challenging time. Reach out for a free consultation with our car accident lawyer, where we can talk about your situation and look at your legal options together.