If guardrails on the road are defective or poorly maintained, victims may suffer more severe injuries upon impact with the guardrail. Determining whether or not you can sue for this type of motor vehicle accident is important, as well as identifying who is mostly liable.
Although the Arkansas Department of Transportation (ARDOT) is responsible for maintaining guardrails, victims may not sue ARDOT; instead, they can only file a claim with the Arkansas Claims Commission (ACC). Damages from these claims may not exceed $15,000, so let us determine if the guardrail manufacturer or another driver shares liability. If they do, you can file a personal injury lawsuit against them. Arkansas gives victims three years to file cases, and doesn’t cap economic or non-economic damages from motor vehicle accident lawsuits.
Call (479) 316-0438 to get help with your case from our Arkansas personal injury lawyers today.
Who Can I Sue for an Injury Caused by a Defective Guardrail in Arkansas?
If you are injured in an accident in part because of a defective guardrail, you may be able to seek compensation. Even if it was a single-vehicle accident, someone else may be liable, so let our lawyers review your case. You have three years to file a lawsuit, so don’t wait long to see whether or not you can sue in Arkansas.
Guardrail Manufacturer
The manufacturer of the guardrail may be liable for injuries if the guardrail was defective. Poor construction or design prevents guardrails from performing their intended function, which includes stopping drivers from leaving the roadway, absorbing some impact in a collision, or protecting drivers from hazards such as steep hillsides, rocks, or trees.
Let us review your case to see if you can sue the guardrail manufacturer after a crash in Arkansas. Please provide any pictures you took at the scene, describe how fast you and any other drivers were traveling, and give us as many details as possible. While we may not have access to the physical pieces of a defective guardrail, your photos can be the next best thing.
Another Driver
The driver who caused you to crash into the defective guardrail may also be held liable for the incident. The defective guardrail may not be the primary cause of your injuries, so let us investigate the accident further to determine if another driver was negligent. Arkansas is a fault state for car crashes, so you may sue another driver who injures you.
Can I Sue the Government for an Injury Caused by a Defective Guardrail in Arkansas?
Like many states, Arkansas restricts when victims may file lawsuits or seek compensation from negligent government agencies or workers. The Arkansas Department of Transportation is responsible for maintaining guardrails throughout the state. To seek compensation from ARDOT, you must file a claim with the Arkansas Claims Commission, not a lawsuit.
Let us help you file your claim with the ACC, which can be done online. The claimant must select the agency the claim is against, ARDOT, and then explain the purpose of the claim.
When seeking damages from ARDOT for injuries caused by a defective guardrail or any other incident, we must provide the date of the incident and the specific damages being sought.
Rely on us to accurately calculate damages so our Bella Vista, AR personal injury lawyers can request the right amount when filing the claim. We can then assist in completing all remaining aspects of the claim and answer any questions the ACC may have. When claims involve motor vehicle accidents, claimants must provide information about the vehicle damage and their insurance.
Damages are typically limited to $15,000, so filing a claim with the ACC may not be the best way to get compensation for injuries caused in part by a defective guardrail, especially if another driver or the guardrail manufacturer can be held liable in a lawsuit. If you are awarded more than $15,000, it has to be approved by the Arkansas General Assembly.
What Damages Can I Get by Suing for an Injury Caused by a Defective Guardrail?
Lawsuits can cover economic and non-economic damages. We may even be entitled to punitive damages if we can prove that the guardrail manufacturer was aware of design flaws or deficiencies and distributed the guardrail despite this knowledge.
Economic Damages
A lawsuit against a negligent driver or guardrail manufacturer can yield economic damages. Your car might be totaled or in need of significant repairs, not to mention the medical expenses you incur from visiting the hospital or requiring follow-up treatment.
Economic damages in motor vehicle accident lawsuits can also cover any lost wages for victims who are unable to work due to the accident. Cars that crash into defective guardrails might roll over or go down hills, increasing the risk of fatal and serious injuries. Brain, back, spine, and internal injuries are all common, as are other disfiguring injuries due to fires.
Non-Economic Damages
You can also get non-economic damages by filing a lawsuit for a defective guardrail. Defective guardrails can worsen the injuries victims sustain, increasing the risk of them suffering disfiguring and permanent injuries. Plaintiffs should never underestimate the value of their non-economic damages and should let us determine the full value of their claims.
Punitive Damages
Punitive damages are available when defendants show wanton misconduct or no regard for the plaintiff’s safety in Arkansas. Guardrail manufacturers that knowingly produce defective or poorly made products that do not follow strict design and safety guidelines may be required to pay victims punitive damages. Arkansas does not cap punitive damages from lawsuits, and we can see if they are available in your case. Punitive damages don’t come from settlements, meaning you can only get them if you are eligible and you go to trial.
Call Us About Your Car Accident in Arkansas
Call (479) 316-0438 for a free case evaluation from our Arkansas car accident lawyers today.