Lack of Guardrails

Guardrails are important safety features that prevent vehicles from leaving the roadway in dangerous areas, such as sharp curves, steep embankments, or elevated roads. When guardrails are missing or improperly maintained, serious accidents can occur, leading to catastrophic injuries or fatalities. The Prince George's County car accident lawyers at Foran & Foran, P.A. represent victims injured due to the lack of guardrails and other road defects, including poor road design, uneven pavement, and water pooling. We are committed to holding responsible parties accountable and helping victims secure the compensation they need to recover.

If you or a loved one has been injured in an accident involving a missing or defective guardrail in Prince George's County, having experienced legal representation is essential. The attorneys at Foran & Foran have decades of success in handling complex personal injury cases, thoroughly investigating each detail to determine who is at fault and seeking the compensation you deserve.

In Maryland, guardrails are typically required in locations with a high risk of vehicles leaving the road and encountering hazardous conditions. These include areas such as:

• Sharp curves—on winding roads, guardrails help prevent cars from sliding off the road, especially in adverse weather conditions;
• Steep drop-offs—roads that run alongside cliffs or steep embankments must have guardrails to protect drivers from potentially fatal accidents;
• Bridges and overpasses—guardrails along bridges and overpasses prevent vehicles from veering off and falling onto lower roadways or into water; and
• Roads near water—highways or streets adjacent to bodies of water should be equipped with guardrails to prevent cars from plunging into lakes, rivers, or reservoirs.

When guardrails are absent in these areas, or when existing guardrails are damaged or poorly maintained, drivers are at increased risk of serious accidents. A lack of signage or other safety measures, such as warnings of poor road design or construction negligence, can compound these dangers.

Depending on the type of road, guardrails are typically maintained by state or local government agencies. In Prince George's County, the Maryland State Highway Administration (SHA) may be responsible for keeping guardrails on highways, while local governments oversee more minor roads. These agencies ensure that guardrails are correctly installed and regularly inspected for damage.

When a government agency fails to maintain guardrails or neglects to replace damaged ones, it can be held liable for accidents caused by this negligence. In construction negligence cases, private contractors working on road projects may also bear responsibility for ensuring that guardrails are in place and meet safety standards.

Determining liability in cases involving a missing or defective guardrail can be complex. Several

parties may be responsible, including:

• Government entities. If the accident occurred on a state or county road, the local or state government responsible for maintaining the road and guardrails may be liable for municipal negligence for any injuries. Under Maryland law, government entities must ensure that roads, including their safety features, are adequately maintained.
• Contractors. In construction zones, contractors ensure that guardrails are correctly installed and maintained. If a contractor fails to do so, they may be held liable for any accidents caused by the lack of proper safety measures.
• Third-party maintenance companies. In some cases, third-party contractors are hired to maintain roadways and their safety features. If they fail to address damaged or missing guardrails, they may share liability for any accidents that occur as a result.

To hold these parties accountable, it is critical to establish that the lack of guardrails directly contributed to the accident. A Prince George's County lack of guardrail lawyer can help gather evidence, such as maintenance records, accident reports, and expert testimony, to build a strong case.

One challenge in guardrail defect cases is that the defense may argue the accident was caused by other factors, such as driver error, an object on the road, or weather conditions, rather than the absence of a guardrail. Additionally, in cases involving government entities, there may be limitations on filing claims due to governmental immunity laws. However, a skilled lawyer can overcome these challenges by presenting clear evidence that the lack of a guardrail created a hazardous condition that directly led to the accident.

In some cases, guardrails may be damaged by previous accidents, extreme weather, or vandalism but were never repaired. If the responsible parties failed to act in a timely manner to address the issue, they could be held liable for subsequent accidents. Your lawyer will work to prove that negligence in maintaining or installing guardrails contributed to your injuries.

Were you hurt in a car accident caused or made worse by a lack of a guardrail or another unsafe road conditions? At Foran & Foran, P.A., our dedicated Prince George’s road defect attorneys can help you navigate the legal process and pursue compensation from all responsible parties. Contact us today at 301-441-2022 or through our online contact form to schedule a free consultation. We proudly represent clients in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville and the surrounding areas.