People who have been hurt in a motor vehicle collision involving a median barrier may suffer catastrophic injuries and permanent physical impairment. The construction of these barriers serves to separate lanes traveling in opposite directions, often on highways. While the barrier operates to keep vehicles from colliding head-on, these types of collisions, as well as other serious crashes, continue to occur throughout North Carolina. Raleigh car accident attorney Carl Nagle represents victims who have been hurt in a median barrier collision in asserting their right to compensation through filing a personal injury claim.
At Nagle & Associates, we help injured people and their families pursue damages for the substantial costs that they have incurred. Mr. Nagle formerly worked as an insurance defense lawyer and an insurance claims adjuster, so he understands common insurance defense arguments that are aimed at reducing or denying payments to accident victims. Since our law firm exclusively focuses on traumatic injury cases, we are well-versed in many medical specialties, including internal medicine, brain injuries, and nerve damage. This emphasis on medical evidence allows us to carefully explain the specific nature of a victim’s harm. Throughout North Carolina, including in Wilmington, Asheville, and Winston-Salem, we have collected hundreds of millions of dollars on behalf of injured people and their families.
Proving the Liability of a Driver for a Median Barrier Collision
Median barriers are composed of different materials, depending on their location and the potential impact speed. The type of median barrier may affect the harm suffered by people in vehicles involved in a crash. Rigid, concrete barriers are used in high-traffic areas, where speed volumes tend to be high. These types of barriers are typically permanent, and since they are made of concrete, they do not absorb a high amount of energy upon impact. Rigid barrier crashes may therefore lead to serious injuries and deaths.
Semi-rigid barriers may be metal railings, reinforced by clocks. In some situations, vehicles that collide with semi-rigid barriers may break through the barrier and crash head-on with other traffic. Cable barriers also pose the risk of being broken, since they are made of steel cables, connected by posts.
Victims of median barrier crashes may hold a careless driver accountable if that driver’s conduct caused an accident. A personal injury claim is one way of asserting their legal rights. In some cases, a municipality also may be held liable. If a median barrier was poorly constructed or had a flaw in its design, a victim of a collision may assert a claim against the company that constructed it.
To show that a defendant is liable in a negligence claim, the victim would need to prove that the defendant owed them a duty of care, breached this duty, and caused the crash and resulting damages. Speeding drivers or people who erratically change lanes and crash into a barrier may be deemed negligent because they are not acting reasonably with due consideration for the safety of other people.
After asserting a legal claim to relief, some plaintiffs face the prospect of proving that they were not also partially at fault for causing the underlying collision. Defendants in a personal injury lawsuit in North Carolina may allege that the victim caused the accident and accordingly is prevented from recovering damages. This pure contributory negligence doctrine is harsh, since it bars all compensation if a plaintiff has been only slightly at fault. Fortunately, there are often many ways for an experienced injury attorney to argue against its application, depending on the specific facts of the situation.
Explore Your Options with a Car Accident Lawyer in Raleigh
If you or someone close to you has been hurt in a median barrier collision, Carl Nagle and the team at Nagle & Associates can investigate, negotiate, and if necessary, litigate on your behalf as you assert your legal rights. The devastating harm following a serious collision presents financial, physical, and emotional challenges for victims and their families. At Nagle & Associates, Raleigh car accident attorney Carl Nagle understands how to advance a strong claim. We have helped car crash victims and their loved ones throughout the state, including people in Asheville, Raleigh, Winston-Salem, Wilmington, Greensboro, Charlotte, Hickory, and other communities in Forsyth, Mecklenburg, Brunswick, Guilford, New Hanover, Durham, Cumberland, and Catawba Counties. It costs nothing to retain our firm upfront, and we can begin working on your case immediately. Call us at (800) 411-1583 or complete our online form to set up a free consultation with a motor vehicle collision attorney.