Compensation Available for Guardrail Accident Victims


Guardrail accidents occur when a vehicle collides with a guardrail on the side of the road. Guardrails protect vehicles and people from veering off into dangerous areas, but when these accidents happen, significant vehicle damage, personal injuries, and death can result. Instead of helping protect drivers and passengers, some guardrails have caused significant injuries, damage, and death. If you or a loved one has sustained serious guardrail injuries in a crash, our seasoned attorneys can help you seek maximum compensation for a car accident. Additionally, family members may be compensated for the Wrongful Death caused by a defective guardrail system.

Fibich, Leebron, Copeland & Briggs is a nationally recognized firm that has obtained several multimillion-dollar verdicts and settlements. Three of our Houston car accident lawyers have achieved board certification from the Texas Board of Legal Specialization, and we have several decades of experience helping injured Texans. Contact our award-winning firm today for a free consultation.

Economic Damages

Compensation for an injured victim after a severe collision falls into three categories.

Economic damages are quantifiable losses that result from the accident, including:

  • Medical treatment such as emergency room service, hospital bills, rehabilitation, prescriptions, and specialists
  • Future medical treatment and life care necessities
  • Loss of earning capacity resulting from injuries preventing you from working
  • Reduced earning capacity in the future if your injuries keep you from returning to your previous job or working full-time
  • Car repairs, replacement, and alternative transportation while your car is undrivable

Non-economic Damages

Non-economic damages are subjective and vary significantly from one case to another. This non-monetary compensation can include money for:

  • Pain and suffering
  • Mental anguish/Emotional distress
  • Loss of companionship
  • Physical impairment
  • Diminished enjoyment of life
  • Disfigurement
  • Ridicule or embarrassment from the injury

Wrongful Death

If a family member has suffered a wrongful death, the survivors may be entitled to seek a Survival Action and/or a Wrongful Death Damages Action.  The lawyers at Fibich, Leebron, Copeland & Briggs can advise you concerning your rights when losing a family member.

Punitive Damages

Punitive damages are sometimes awarded in court if the negligent party’s behavior is especially harmful or egregious. They act as a deterrent for future negligent or wrongful acts. Punitive damages can substantially increase the financial recovery in a lawsuit, but they are not available in every case.

What If I’m Partially Responsible for My Accident?

Texas has a “modified comparative fault” rule, which directly affects how much compensation you can recover if you share some responsibility for your accident. Under this rule, your compensation decreases by an amount equivalent to your percentage of fault. For instance, if you are 30 percent at fault for your accident, the court will reduce your compensation by 30 percent. If you are more than 50 percent at fault for the accident, you will be ineligible to obtain any compensation.

What Determines the Value of My Case?

Several factors actively influence the value of your guardrail accident case and how much someone can sue for a car accident:

  • Liability — Determining who is at fault in a guardrail accident is paramount. A clear case against the defendant can significantly increase the compensation amount.
  • Severity of Injuries — The more severe your injuries, the higher the potential compensation.
  • Impact of Injuries —This factor assesses how your injuries affect your day-to-day activities and overall quality of life.
  • Economic and Non-economic Damages — The total of your quantifiable losses and subjective suffering contributes to the case valuation.
  • Potential for Punitive Damages — Evidence of malicious intent or gross negligence may result in punitive damages, which boosts the value of your case.

Contact Our Houston Guardrail Accident Lawyers for Help

Were you hurt in a guardrail accident? Was a family member killed as the result of a guardrail collision?  Our experienced, board-certified attorneys can provide legal guidance, investigate who is responsible, help assess the full extent of your losses, and ensure that you pursue the maximum compensation for the collision under Texas law. Contact Fibich, Leebron, Copeland & Briggs today for a free consultation with a Houston guardrail accident lawyer.