Strong evidence is the key to winning any personal injury or wrongful death claim. If you were hurt or lost someone you love in a guardrail accident, there are several elements you will need to prove in order to win a settlement or trial verdict. Those elements are:
- The guardrail contained an unreasonably dangerous defect;
- The defect was the actual or proximate cause of the injury or death;
- The defendant played a role in the design or manufacturing of the product; and
- The value of the damages incurred.
Strict liability applies to product defect cases in many states, which means a finding of negligence or intent isn’t necessary to impose liability. But if you’re unable to prove any one of the elements listed above, you won’t be able to recover an award of damages.
Below are a few kinds of evidence your guardrail injury lawyer might use to prove liability and damages:
- Photographs: Pictures of injuries, the crash scene, and debris on the road can be used to prove the severity of the impact and to piece together what happened in the moments leading up to the accident.
- The Vehicle: It’s essential that you preserve the damaged vehicle so it can be evaluated by your guardrail injury lawyer and perhaps an accident reconstruction expert.
- The Police Report: The police report should contain details about the time and location of the crash, the apparent cause, and perhaps statements from those involved as well as eyewitnesses
- Eyewitness Testimony: The deposition and testimony of eyewitnesses might help to corroborate other evidence.
- Expert Witness Testimony: Experts in guardrail design, accident reconstruction, economics, and certain medical fields might be brought in to provide deposition and testimony.
- Documentation of Guardrail Redesign: The ET-Plus guardrail has been connected to numerous injuries and deaths since an alleged redesign took place in 2005. Reports indicate that a metal component was reduced by 1 inch, saving the manufacturer money but increasing the risk of injury or death to those involved in an accident with the guardrail. Any documentation related to this redesign might be used to prove the source of the defect in question.
- Medical Records: Diagnostic images and other medical records can be used to prove the severity of injuries.
Medical Bills: Your lawyer will need documentation to prove the cost of the medical care you or your loved one underwent following the accident.
- Financial Documents: Financial records can be used to prove the value of lost income and perhaps loss of future earnings.
- Receipts and Invoices: Be sure to preserve any receipts or invoices for expenses you incur as a result of the injury including transportation costs, domestic help, and/or childcare.
Schedule a Free Consultation with a Guardrail Injury Attorney
At The Law Offices of Richard J. Serpe, PC, we are proud to represent those who have suffered injuries or lost family members in car accidents involving defective guardrails. We accept cases from all across the United States. To schedule a free consultation, text or call us at 877-544-5323, or send us a message online.