Guardrails can be a saving grace in the unfortunate event of a car accident. However, they can also prove to be dangerous if installed incorrectly or poorly maintained. People who are injured by guardrails in a car accident may be able to file a lawsuit to recover compensation that may help them deal with the consequences of their injuries.
Companies and government entities are responsible for the proper construction, installation, and maintenance of guardrails on public roads and highways. Failing to live up to these responsibilities creates liability for these parties. You can recover compensation in a lawsuit against these parties for your medical expenses, lost income, and pain and suffering. Your lawyer can assist you in estimating the value of your claim, as well as filing your lawsuit and giving proper notice within the appropriate time limit.
Dealing with car accident injuries is messy, complicated, and expensive. You deserve the help of our dedicated Houston guardrail car accident attorneys. At The Queenan Law Firm, P.C., we offer new clients a free first-time consultation so that you can make the best possible decision for your recovery. To schedule your appointment today, call us at (817) 476-1797.
Proving that Guardrails Were Responsible for Your Houston Car Accident
Guardrails can become dangerous in a number of different scenarios. In order to be effective, guardrails must be installed correctly and at the right height. If the guardrail is too high, it can impact the vehicle too high to trigger safety features like airbags or even enter the vehicle through a window. If the guardrail is too low, it can force the car to turn over or potentially flip up and off the roadway.
Guardrails also require routine maintenance to ensure their effectiveness in the case of an accident. The ground where the guardrail is secured can erode or shift around it over time, leaving the guardrail weaker and prone to breaking down if impacted. If constructed improperly or built using poor materials, guardrails may deteriorate and become too rigid to effectively cushion a car’s impact.
Proving that these issues caused your car accident injuries in Houston can be difficult without the proper evidence. It can be helpful in these circumstances to take pictures of the scene of an accident that help paint the picture. You should attempt to document all of the following if you have been involved in a car accident and were injured by a guardrail:
- Damage to the guardrail
- Distance between the guardrail and the roadway
- The guardrail’s height from the ground
- Tire tracks, skid marks, or other details on the road
- Damage to any of the vehicles involved in the accident
- Any signage featured in the surrounding area
- Ground where the guardrail is moored
One of the most common causes of exacerbation in a car accident involving a guardrail has to do with the terminal. A guardrail terminal, located on each end of the rail, must be able to crumple on impact or otherwise bend away from the accident. Most terminals actually descend into the ground below. However, if the terminal is not buried and functions incorrectly, it could spear through the windshield of an oncoming vehicle and make violent contact with the driver or passengers within the vehicle.
The best way to illustrate how a defective guardrail caused you injury is through visual evidence. Pictures of these areas and others can prove to be helpful in the case of a lawsuit. If your injuries prevent you from getting this picture evidence at the time of the accident, it can still be helpful to go back afterwards. Your Houston guardrail car accident attorney can help you gather this evidence and prevent it from getting lost or being tampered with.
Time Limits on Filing a Guardrail Car Accident Lawsuit in Houston
If you hope to recover compensation for your car accident injuries caused by a guardrail in Houston, you may have less time to act than you think. Texas law requires potential car accident injury plaintiffs to file their suit within two years of their accident. In other words, if you file your lawsuit later than two years after your accident, your case will be thrown out.
Additionally, if the defendant in your suit is a government body, you will have to satisfy certain notice requirements in order to recover. These requirements vary depending on the jurisdiction that the accident occurred in, the claims in the lawsuit, and the particular government agency that you allege is responsible. For example, the City of Dallas requires all claimants to properly file notice of their claim within six months of sustaining their injuries.
Dealing with all of the filing requirements and time limits can be dauting. Fortunately, our Houston guardrail car accident lawyers are familiar with the various procedural rules for filing a successful claim. We urge you to act fast and call us today to give yourself the best chance of recovery.
Damages for a Car Accident Caused by a Guardrail in Houston
If you are successful in your lawsuit for injuries sustained due to a guardrail in a car accident, you can expect to recover damages. Damages are used to calculate the financial toll that a car accident injury victim has sustained as a result of their injuries.
Plaintiffs can recover damages to cover medical bills associated with the treatment of the injuries sustained in the car accident. This includes emergency services like ambulance rides and emergency room procedures but can also account for the cost of long-term rehabilitation and recovery. If your injuries prevent you from working, you will receive compensation for your loss of income or decrease in earning potential or opportunities for advancement.
You can also seek compensation for the pain and suffering you have and will experience as a result of your injuries. Chronic pain, loss of enjoyment, and psychological conditions such as anxiety and depression are common in car accident victims who suffer severe injuries.
Estimating the value of a car accident injury lawsuit is difficult without more information on the specific case. If you have questions about how much you stand to recover through a lawsuit, speak to one of our experienced Houston guardrail car accident attorneys today.
Injured by a Guardrail in a Houston Car Accident? Call Us Today for Free
If you need help evaluating and filing your claim, you can sit down with our Houston guardrail car accident lawyers for free to discuss your claim. To find out more, call The Queenan Law Firm, P.C. today at (817) 476-1797.