Marengo, IL (September 3rd, 2024) – A driver was seriously injured on Tuesday after his vehicle rolled over on Kishwaukee Valley Road.
A single-vehicle accident, a witness reported the car hit the guardrails on both sides of the road. Area residents have expressed concerns that the newly installed guardrails were placed so closely to the roadway’s edge. The driver, who had to be extricated from the vehicle, was taken to Northwestern Medicine Huntley Hospital.
Guardrails are a safety feature designed to keep vehicles from leaving the road, and potentially causing serious injuries or death. However, accidents involving guardrails themselves can sometimes occur.
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Liability for Guardrail Accidents
In Illinois, liability for guardrail accidents can vary depending on several factors. Design or manufacturer flaws, incorrect installation, maintenance failures, and other such issues can lead to parties bearing financial liability.
Defective Guardrail Design
If the guardrail design has inherent flaws that make it more likely to fail in a crash, the manufacturer or designer may be liable. For instance, such issues may result from using weak materials, not performing adequate testing, or having insufficient anchoring.
Improper Installation
Improperly installed guardrails can reduce their effectiveness, and contribute to causing some accidents. If the guardrail was not installed according to the proper specifications or standards, you may seek to hold the construction company, contractor, or other entity responsible for the rail installation liable for your injury-associated losses.
Maintenance Failures
Over time, guardrails may require maintenance or repairs to ensure they continue to function effectively. If a guardrail was allowed to deteriorate because of lack of maintenance or neglect, the state, local municipality, or other government entity responsible for the roads and guardrails may bear responsibility.
Other Drivers
Third-parties, such as other drivers, may also be liable for guardrail accidents. For example, a reckless driver forces another vehicle into the guardrail. The reckless driver may be responsible for any resulting injuries or property damage.
Proving Liability
Successful recovery in guardrail car accident cases involves proving liability. In establishing liability, you will need to prove that the responsible party owed you a duty of care, that the responsible party failed to meet this duty, the breach of duty directly caused the accident which caused your injuries, and you suffered actual injuries or other losses because of the crash.
To successfully prove liability in Illinois guardrail accident cases, it’s essential to gather evidence to build a strong case. To this end, you may:
- Investigate the Accident: Gather information about the accident, including the circumstances, the condition of the guardrail, and the actions of the parties involved
- Gather Evidence: Collect evidence, such as witness statements, police reports, and photographs
- Identify the Responsible Party: Determine who was responsible for the design, installation, maintenance, or ownership of the guardrail
Consulting with a car accident attorney may also help you understand your rights and options, and aid in proving liability.
Recovering Damages in Illinois Guardrail Accident Cases
If you are injured in a guardrail accident, you may seek to recover damages for your associated losses. Compensation for such auto accident claims may include economic and non-economic damages, such as:
Medical Expenses
These are the medical treatment costs relating to your injuries, including hospital bills, doctor’s fees, medication, rehabilitation. You may also seek to recover compensation for the medical expenses you will likely incur in the future because of your injury.
Lost Wages
You can recover compensation for the income you lost while off work recovering from your injury. If you are unable to return to your former position and earning capacity because of your condition, you may also recover lost future wages.
Pain and Suffering
You can also recover compensation for the physical and emotional pain and suffering you suffered because of the accident and your resulting injury.
The specific damages and amounts you may recover will vary based on the losses you suffered and the specific circumstances of your case.
If you have been injured in a crash involving guardrails in Illinois, you have options. Serving Lake, Cook, and McHenry counties for more than 30 years, our car accident lawyer, Bogdan Martinovich, has a successful track record of recovering the maximum compensation on behalf of clients like you. Call 847-996-1350 for a FREE consultation.
