Liability and Damages in a Defective Guardrail Lawsuit
Guardrails were designed with the idea that drivers who were off the road can collide with a protective barrier that helps slow the vehicle to a safe stop in a controlled manner. Unfortunately, not every manufactured guardrail works in this way, as many companies may try to save money by straying from the industry model standards. If a manufacturing company tweaks the design just every so slightly, they can save a significant amount of money in the long run. However, this is often a tragic error as drivers can get seriously injured if the guardrails do not work as intended.
An attorney at Wieand Law Firm for lawsuits for Defective Guardrails in PA is aware of how companies may manipulate a guardrail design for their own benefit, while disregarding the safety of drivers. The for-profit greed can motivate a company to turn a blind eye to how this cause such devastation. Our legal team doesn’t care how large the company is that committed such negligence. We are here to help you get the financial compensation you need to recover from the defective guardrail accident.
Assessing Guardrail Liability
To increase your chances of winning Lawsuits for Defective Guardrails in PA, you must bring forward evidence for how the defect led to your damages and injuries. An attorney at Wieand Law Firm can help you gather evidence related to your claims. Influential pieces of evidence can be things like medical documentation, vehicle repair estimates, loss of wages from work, expenses for a prosthetic, photographs, diagnostics, rehabilitation, etc.
In general, victims must show how the guardrail had a design or manufacturing flaw. The difference between a design defect and manufacturing defects are defined as:
- Manufacturing Defect: the guardrail was not manufactured based on the original design, and this deviation caused the guardrail to become defective and reasonably dangerous for drivers.
- Design Defect: the guardrail was manufactured based on design specifications, however, the design was flawed and caused the guardrail to be reasonably dangerous.
It is important to note that the guardrail design doesn’t have to be perfect for the company to elude liability for your losses. It is often a better angle to prove that an improved design exists but was intentionally not used by the company.
Victims in lawsuits for Defective Guardrails in PA may have lost an arm, leg, toes, feet, or hands if the rail had speared through the vehicle upon impact. You may be entitled to lifetime damages if your injuries led to a complete lifestyle change that you must now manage forever. You can also pursue compensation for damages related to:
- Lost earnings from missing work
- Pain and suffering
- Long-term disability
- Medical expenses
- Property damage
- Psychological/emotional trauma
- Loss earning capacity
- Future medical bills
If you have suffered loss and hardships due to a defective guardrail accident, please turn to an attorney at Wieand Law Firm for support. We can use legal strategies to hold the offending company responsible for their poorly manufactured or dangerously designed guardrails. We are ready to start working on your case right now, so please call without hesitation.