Guardrails line the highways and roads of Philadelphia, serving as a layer of protection for road users. These safety devices must meet highway regulations and code specifications in order to serve their intended purposes. Ineffective guardrails can be the source of severe injury crashes.
Understanding the causes behind these accidents and how to take action if you were hurt is critical. If you were hurt in a guardrail crash, a Philadelphia auto accident lawyer can help with your legal claims.
Causes Behind Guardrail Accidents
Guardrails are a critical part of roadway safety. They offer fall protection and a safety barrier to keep motorists safe from structures and large falls. Guardrails must meet the Federal Highway Administration (FHA) standards.
Some causes of guardrail crashes include:
- Installation Errors: Guardrails should be placed at the appropriate location, width, and height pursuant to FHA regulations. Additionally, they need to be properly secured.
- Maintenance Issues: Regular and timely maintenance is critical to accident prevention. Improperly maintained guardrails can mean failures that result in serious injury or causing, rather than preventing, crashes.
- Defective Guardrails: Guardrail design is vital to accident prevention and reducing crash severity. A guardrail’s crashworthiness depends on its structural load capacity, impact absorption, and guardrail strength.
- Guardrail Malfunction: Guardrail failures can have serious implications. For instance, if the energy-absorbing systems of the guardrail malfunction, the guardrail may end up spearing vehicles rather than the intended effect of vehicle redirection.
Vehicle impalement and flipping vehicles can lead to serious accident injuries including traumatic brain injuries, head injuries, neck and back injuries, amputations, and fatal accidents. Taking appropriate safety precautions when driving is crucial to accident prevention.
Preventing Guardrail Accidents: Safety Tips
Code compliance is essential to guardrail safety. However, drivers should be prepared in the event of a property owner’s negligence. Following best highway safety practices can reduce the chances of crashing and injury.
Safe driving practices to prevent guardrail accidents includes:
- Obeying traffic rules and signs.
- Driving the speed limit and reducing speed in poor weather conditions.
- Paying attention while driving and minimizing distractions.
- Using caution when approaching and driving near guardrails.
If you notice a guardrail that appears to be non-compliant or improperly maintained, you can notify the proper authorities to inspect the rail. Owners may be fined for violations.
Those who have been injured due to a defective guardrail should take quick action to safeguard their car accident rights. An attorney can help identify the liable party and pursue a personal injury claim.
Legal Implications and Compensation
When a guardrail crash happens, there are several legal considerations. Generally, guardrail accidents are premises liability cases. This means that the property owner may be responsible for any injuries caused by the guardrail.
The liable party in these cases could be a private property owner or the government. Determining whether there are issues of government liability can have a significant impact on how the injured party pursues a claim and the statute of limitations.
Additionally, there may be a case for product liability depending on the cause of the guardrail accident. If the cause of the injury was a defective guardrail, the injury victim may have a claim against the manufacturer.
After determining the cause of the guardrail accident and the liable parties, identifying the available compensation is crucial. In Pennsylvania, injury victims can recover economic, non-economic, and punitive damages.
Some examples of damages include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Disfigurement
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Wrongful death damages
The exact damages available and the amount will depend on the circumstances and severity of injury. An experienced attorney can help with your injury claim and fight to maximize compensation.
Need Legal Help? Contact a Personal Injury Lawyer
Guardrail accidents can lead to serious injuries and fatalities. When something that is intended to keep you safe causes you or a loved one to get hurt, a personal injury lawyer is ready to help.
Schedule your free consultation at The Law Offices of Greg Prosmushkin, P.C. now. With over 30 years of experience, our skilled attorneys are well equipped to help. Call now at 215-799-9990 to get started.