How to File a Guardrail Highway Accident Claim in Texas


Have you been involved in a guardrail-through-car accident on a highway in Texas? If so, you likely have questions about your legal options if you suffered injuries. Who will pay for your medical bills and property damage? Can you sue the city for dangerous road conditions? Here’s what you need to know about how to file a guardrail highway accident claim in Texas.

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.

Contact Our Houston Guardrail Accident Lawyers for Help

Were you injured because of unsafe road conditions? Filing a government liability claim after a highway guardrail accident in Texas can be challenging, but Fibich, Leebron, Copeland & Briggs can do so on your behalf. Our Houston law firm has several decades of experience handling severe injury cases like guardrail-through-car accidents, and we can fight to get you compensation for medical bills, lost wages, and other damages.

If you or someone you know has been injured due to unsafe road conditions, contact our Houston guardrail accident lawyer today for a free initial consultation. We can guide you through the legal process and demand the compensation you deserve.