Steps to Take After a Guardrail Accident
Defective guardrail systems have been linked to dozens of serious injuries and deaths over recent years. In particular, numerous lawsuits have alleged that the X-LITE and ET-Plus guardrail end terminals have a design flaw that causes the metal rails to penetrate into vehicles and impale drivers.
If you’ve been injured or lost a family member in a guardrail accident, you might have grounds for a claim against the guardrail manufacturer; however, since these companies have the resources to challenge any claim that comes their way, it’s important that you take steps to strengthen your case, such as:
1. Take Photos of the Accident Scene
Take pictures of the accident scene from all angles. Be sure to take both close-ups and wide-angle shots of property damage, injuries, debris, and the inside of the vehicle. Even if debris was thrown far away from the crash scene, you should still photograph it. A seemingly insignificant picture might end up being a critical piece of evidence a few months later.
2. Speak with an Attorney
Once your health is stable, you should consider speaking to an experienced guardrail injury attorney. It’s important that your legal team is able to investigate the accident scene before the guardrail has been replaced or repaired. Your lawyer can use precise technology to scan the guardrail, vehicle, and scene to preserve valuable evidence.
3. Preserve Evidence
Don’t get your vehicle (or your loved one’s vehicle) fixed until your attorney has had a chance to evaluate and document the property damage. The vehicle will likely serve as critical evidence. Your attorney can take the necessary steps to ensure it doesn’t get sold, destroyed, or scrapped.
4. Prepare for the Initial Consultation
After you’ve scheduled your free initial consultation with an attorney, take some time to gather any evidence that might contribute to your case. Examples include:
- Photographs and videos of injuries, property damage, and the crash scene;
- Police reports;
- Medical records and bills;
- The contact information of eyewitnesses; and
- A detailed description of everything you remember about the incident.
5. Take Steps to Protect Your Rights
Once you’ve hired a guardrail injury attorney, you’ll be able to focus on your health while your case proceeds in good hands; however, there are some steps you can take throughout the proceedings to protect your claim. Examples include:
- Direct any correspondence from the insurance company to your lawyer;
- Stay off social media, and ask your friends and family not to post any photos of you; and
- Follow the instructions of your medical providers.
At The Law Offices of Richard J. Serpe, PC, we have an in-depth understanding of the nuances pertaining to personal injury and wrongful death cases involving guardrail accidents. To schedule a free case review, call us at 877-544-5323.
There are statute or limitations (legal deadlines) associated with personal injury claims. Once these deadlines have passed, you will no longer have the opportunity to make a claim. Protect your right to compensation and set up a free consultation as soon as possible. If we accept your case, we will begin an investigation, which may include preserving critical evidence, right away.