Dangerous Guardrails are Causing Severe Injury, Amputation & Wrongful Death Across the U.S.
Guardrails are designed to reduce the severity of a roadway departure by redirecting a vehicle away from hazards such as steep slopes, bridge supports, trees, and other fixed objects.
But when a guardrail or its end terminal is defective, improperly installed, damaged, outdated, or poorly maintained, the safety system itself can contribute to catastrophic injuries or death.
The Law Offices of Richard J. Serpe, PC represents individuals and families in serious injury and wrongful death cases involving dangerous guardrails. These cases can involve complicated questions about product design, installation, highway maintenance, crash reconstruction, and whether the guardrail performed as it was intended to perform.
If you or a family member suffered a serious injury after a vehicle struck a guardrail, we can review the circumstances of the crash and help determine whether the guardrail may have contributed to the severity of the injuries.
What is a Guardrail Supposed to Do?
A roadside guardrail is not simply a metal barrier. It is a safety system designed to manage the forces generated when a vehicle leaves the roadway.
The primary portion of a guardrail is generally intended to redirect an impacting vehicle rather than allowing it to reach a more dangerous roadside hazard. The end of the guardrail requires special treatment because an exposed end can itself create a serious hazard.
Many modern guardrail end terminals are designed to absorb energy during certain head-on impacts. Depending on the system and type of impact, the terminal may allow the rail to flatten or extrude as the vehicle decelerates.
When the system does not perform properly, however, the results can be devastating.
How Defective Guardrails Cause Serious Injuries
A guardrail accident deserves closer investigation when the barrier appears to have behaved in an unexpected or dangerous way.
Potential problems can include:
- Guardrail impales or penetrates the vehicle: When a guardrail fails to telescope, flatten, or redirect properly during an impact, the rail can penetrate the vehicle’s passenger compartment. These crashes can cause amputations, crushing injuries, traumatic brain injuries, internal injuries, paralysis, and death.
- Improperly installed guardrail systems: The end terminal is a critical part of a guardrail system. If it is defective, improperly assembled, incorrectly installed, or incompatible with other components, it may fail during a crash and allow the rail to penetrate the vehicle.
- Guardrails damaged in earlier crashes but not properly repaired
- Outdated guardrail systems that remained in service
- Inadequate maintenance or inspection
The fact that a vehicle struck a guardrail does not automatically mean the guardrail was defective. The question is whether the system performed as it reasonably should have under the circumstances and whether a defect, installation problem, or maintenance issue contributed to the injuries.
Guardrail End Terminal Accidents
The end terminal is one of the most important parts of a guardrail system.
An exposed end of a metal guardrail can present a significant hazard, which is why guardrail systems use specially designed end treatments. Depending on the particular system, an end terminal may be intended to absorb crash energy, deform the rail, or allow a vehicle to pass behind the barrier under certain impact conditions.
Problems involving end terminals have received considerable attention from highway safety agencies because installation, maintenance, damage, and the particular design of the terminal can affect how it performs during a crash.
A serious end-terminal accident may require an examination of the exact product involved, how it was installed, whether components were missing or altered, whether it had previously been struck, and whether it had been properly inspected and maintained.
Injuries in Guardrail Accidents
Guardrail failures can cause exceptionally severe injuries because metal components may deform or penetrate areas of a vehicle occupied by the driver or passengers.
We investigate guardrail cases involving injuries such as:
- Amputation and loss of limbs
- Crush injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Severe leg and pelvic injuries
- Wrongful death of a loved one
These injuries frequently require extensive hospitalization, surgeries, rehabilitation, prosthetics, home modifications, and long-term medical care.
Who is Responsible for a Dangerous Guardrail?
Guardrail cases can involve considerably more than the driver who initially left the roadway. Depending on what an investigation reveals, potentially responsible parties may include:
- Guardrail and component manufacturers: A claim may involve the design or manufacture of the guardrail, end terminal, or another component of the roadside safety system.
- Installation contractors: Even a properly designed product may not perform as expected when it has been assembled or installed incorrectly.
- Maintenance or repair contractors: A guardrail that was damaged in an earlier crash may present a hazard if it was not repaired correctly.
- Governmental entities: State or local agencies may be responsible for selecting, installing, inspecting, maintaining, or replacing roadside safety equipment. Claims involving a governmental entity can involve special legal requirements and shorter notice deadlines.
Other companies or entities may also be involved depending on the roadway, the guardrail system, and the circumstances surrounding the crash.
Compensation in a Guardrail Injury Case
When a defective or negligently maintained guardrail contributes to an injury, compensation may include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Rehabilitation expenses
- Prosthetics and assistive equipment
- Home or vehicle modifications
- Personal care and household assistance
- Pain and suffering
- Permanent disability
- Disfigurement and scarring
- Loss of enjoyment of life
When a guardrail accident results in death, surviving family members may also have a wrongful death claim. The damages available in any particular case depend on the facts, applicable law, injuries, and parties involved.
Our Guardrail Accident Settlements
- $11 Million – Improperly installed guardrail causes leg amputation and other severe injuries.
- $4 Million – Improperly installed and outdated guardrail system results in fatal injuries.
- $2 Million – Improper guardrail installation causes severe injuries to client.
- $2 Million – Improper installation prevented the guardrail system from performing its essential function.
Frequently Asked Questions
Does hitting a guardrail mean the driver was at fault?
A vehicle can leave its lane for many reasons, and the cause of the initial roadway departure is only one part of the investigation. A separate question may be whether the guardrail performed as it was designed to perform and whether a defect or other problem caused injuries that otherwise would not have occurred or made those injuries substantially worse.
Can I have a claim if another driver caused my vehicle to hit the guardrail?
Potentially. More than one person or company can play a role in causing an injury. An investigation may examine both the circumstances that caused the vehicle to leave the roadway and the subsequent performance of the guardrail.
What if the guardrail was installed incorrectly?
Improper installation can affect the performance of roadside safety equipment. The investigation may include installation specifications, measurements, photographs, construction records, inspection records, and expert analysis.
Can a damaged guardrail be dangerous?
Yes. Guardrails and end terminals can be struck, bent, displaced, or otherwise damaged. Whether the system remained safe after prior damage depends on its condition and the repairs that were made.
How much does it cost to speak with a guardrail lawyer?
Our initial consultations are free. Personal injury and wrongful death cases are handled on a contingency-fee basis, which means attorney’s fees are paid from a recovery rather than charged upfront.
How Long Do I Have to File a Guardrail Injury Claim?
The deadline for filing a guardrail injury lawsuit varies from state to state. The applicable statute of limitations can also depend on who may be responsible for the guardrail and the type of claim being pursued.
Guardrail cases can involve private manufacturers and contractors, but they may also involve a state transportation department, city, county, or other government entity responsible for installing, inspecting, repairing, or maintaining the roadway and its safety equipment.
Claims involving government entities may have special notice requirements and deadlines that are much shorter than the ordinary statute of limitations for a personal injury lawsuit. Missing one of these deadlines can affect your ability to pursue a claim.
Because the deadlines and legal requirements vary by state and by the parties involved, it is important to have a potential guardrail claim investigated as soon as possible.
Experienced Guardrail Accident Lawyers
Guardrail cases are a highly specialized area of personal injury law. Determining why a guardrail failed can require a detailed investigation into the design of the system, how it was installed, whether it complied with applicable standards, its maintenance history, and how it performed during the crash.
Attorney Richard J. Serpe has substantial experience representing individuals and families in serious guardrail injury and wrongful death cases.
These cases often require working with engineers, accident reconstruction experts, and other specialists to examine the guardrail system and determine whether its design, installation, condition, or maintenance contributed to the injuries.
If you or a family member was seriously injured in a guardrail accident, contact the Law Offices of Richard J. Serpe, PC. We can review what happened, determine whether the guardrail warrants further investigation, and explain your legal options.
