Houston Guardrail Accident Attorney

Obtaining Compensation for Texans Injured in Severe Guardrail Accidents Around Houston

Trinity Industries, X-LITE Guardrail, and SKT are all guardrail manufacturers that have come under scrutiny over their guardrail systems, which have been alleged to be associated with several injuries and deaths. Victims and families who have suffered injuries or losses in accidents involving guardrails are now filing lawsuits against the manufacturers for reasons including faulty manufacturing, incorrect installation, and/or a lack of proper maintenance.

At Fibich, Leebron, Copeland & Briggs, we continue to investigate and file claims against ET-Plus Guardrail manufacturer Trinity Industries. It is believed that the dangerous and defective guardrail end terminal caused dozens of deaths and hundreds of serious injuries. If you were injured in a guardrail accident, contact our Houston car accident lawyer at (713) 751-0025 for a free consultation.

How to File a Lawsuit After a Guardrail Accident in Houston

If you’ve been hurt in an accident involving a highway guardrail in Texas and are considering filing a lawsuit, you should take the following steps to lay the groundwork for your Houston car accident lawyer to work on your case.

Gather Your Evidence

Start collecting all relevant evidence immediately after the accident. Take photographs of the accident scene, the damaged guardrail, and any serious injuries or damage to your vehicle. These images can be crucial in demonstrating how the accident happened. Also, gather names and contact details from any witnesses who saw what happened – their accounts can further support your case.

Hire a Houston Car Accident Lawyer

Next, consult with a lawyer who handles car accident cases in the state of Texas. An experienced attorney can handle your case on your behalf, protect your rights, and pursue the compensation you deserve. They will assess your situation, advise you on the viability of filing a claim against the state, and plan your next steps. Your lawyer will also communicate with government entities and insurance companies on your behalf.

File an Official Complaint

Before you can file a lawsuit, Texas law requires you to notify the relevant government entity about your claim within six months of the accident. This notification must detail the incident and the injuries or property damage you sustained. After providing this notice, your lawyer can file a complaint against the at-fault government agency, which officially initiates your lawsuit. This complaint must describe the specifics of your case, including a detailed explanation of the accident, the extent of your injuries, and the compensation you seek. Your lawyer will draft this document and submit it on your behalf.

Who Is Responsible for Keeping Roads Safe In Texas?

In Texas, multiple entities are responsible for keeping the roads safe. The Texas Department of Transportation (TxDOT) mainly oversees the maintenance and safety of state highways and roads. Local city and county governments take care of smaller roads and streets within their jurisdictions. These organizations must ensure roads are clear of hazards, properly marked, and well-maintained. Accidents can and do happen when these entities fail to meet their responsibilities.

What Is Sovereign Immunity in Texas?

Sovereign immunity is a legal principle that prevents you from suing the government without its consent. This means that you cannot take legal action against a local, state, or federal government entity unless they allow it. In Texas, the government has waived this immunity in certain cases, such as those involving state-owned land where the government is at fault. This allows Texans to file lawsuits against the government and seek compensation for their injuries under specific conditions.

Why Are Guardrail Manufacturers Under Scrutiny?

Guardrails typically work by transferring the force of an impact into an end terminal. The guardrail is then flattened and curls off to the side, away from a car. This absorbs energy from a collision and slows a vehicle down. One alleged problem with ET-Plus guardrails, for example, is that they were modified by Trinity Industries years ago.

According to lawsuits filed across the country, the guardrail manufacturer changed the height and width of the feeder channel to save the company money. The change was made without notifying state and federal regulators. It is alleged that this change resulted in a catastrophic design defect that ended up causing several fatal accidents.

What Types of Injuries Have Been Caused by Guardrails?

While it is unclear the exact number of people that have been injured or killed in guardrail-related accidents, it is estimated to be in the hundreds. It is believed that faulty manufacturing or poor installation are the main contributors to the majority of guardrail injury cases.

Injuries associated with Guardrail crashes:

After numerous ET-Plus guardrail-related incidents were reported, the Texas Department of Transportation (TxDOT) released a statement regarding those particular guardrail systems. According to the press release, the TxDOT discontinued the installation of ET-Plus Guardrail End Treatments in 2014. The state regulator also began collecting data on guardrail accidents throughout the state to share with the FHWA. However, guardrails from several different manufacturers still play a big role in countless severe auto accidents every year.

Are Faulty Guardrails Still Used in the U.S.?

To date, most states have banned future installations of the ET-Plus guardrail system, however, few have removed existing guardrails that contain the allegedly defective design. In addition, other types of faulty guardrail systems are still in operation, posing serious risks to drivers. It is estimated that there are around 200,000 guardrails on highways throughout the United States. Some states may have as many as 7,000 guardrails that pose serious risk to drivers.

Contact a Houston Guardrail Accident Attorney Today For A FREE Consultation

Fibich, Leebron, Copeland & Briggs are currently reviewing cases from victims who have been injured in car accidents involving guardrails, as well as families who have lost loved ones in fatal accidents. If you or someone you know has suffered harm, our legal team is available to discuss your case during a free consultation.

If you would like more information about your rights concerning serious guardrail injury/death cases, contact our Houston personal injury lawyer and learn how our award-winning trial team can help you. Our attorneys are prepared to discuss the intricacies of guardrail lawsuits and how you may be eligible to recover financial compensation for your losses.