Multiple Parties Might Be At Fault For A Guardrail Spearing Accident

Posted on: 10 March 2021

Guardrails are meant to protect motorists by preventing them from straying into dangerous areas, but there are some circumstances where motorists may actually become injured by guardrails. A guardrail spearing is when the edge of the guardrail goes through a car's windshield and is often fatal. If you survive a guardrail spearing and are severely injured, you are not necessarily at fault for the accident.

Guardrail Spearing Injuries

Guardrails can lead to all sorts of injuries including broken bones, head injuries, neck and spine injuries, and paralysis. Because of the serious injuries that can result from guardrail spearing injuries, you will need to speak with an auto accident attorney about the steps you will need to take to make sure that you are fully compensated.

Guardrail Specifications

State and local governments create guardrail specifications that determine how a guardrail needs to be designed to maximize safety. Unfortunately, some guardrails are used that do not meet the required specifications. Governments sometimes hire companies who manufacture guardrails without carefully confirming that they are safe to use. 

Some guardrails might also be old and use outdated technology since there has been 50 years' worth of efforts to improve guardrails. As a result, if the guardrails in use are not safe, you may be able to pursue legal action against the guardrail manufacturer or the local authorities responsible for having the guardrail installed. 

How to Take Legal Action Against the US Government

Taking legal action against the US government can be difficult because you will have a limited timeframe in which you may take legal action. Also, you will be limited in how much you may be compensated for your injuries. However, with the help of an experienced motor vehicle accident lawyer, you may be able to also take legal action against other parties responsible.

Other Motorists Might Be At Fault

You may have driven into the guardrail because you were trying to avoid another negligent driver or you may have even been hit and pushed by a negligent driver. If that is the case, you will be entitled to compensation for your injuries. The first step is to contact the other driver's insurance provider.

Rather than contacting the insurance provider yourself, you will want to consider having your case handled by an attorney. Insurance providers are trained to negotiate in a manner that is meant to minimize the amount they are able to compensate you. An attorney will work hard to negotiate the settlement you deserve. Reach out to a motor vehicle accident lawyer to learn more.