Median Barrier Collisions
Median barriers are constructed in order to separate lanes of traffic moving in opposite directions, typically on highways. Despite the intention of providing these barriers as a safety measure, people continue to suffer serious injuries in median barrier collisions throughout Chicago and the surrounding areas. The Chicago car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca help victims who have been injured in a median barrier collision. Substantial costs can be incurred during these often high-speed crashes, which may lead to injuries for both drivers and passengers. Our law firm focuses on medical evidence and proves the true impact of an accident in order to help clients and their families recover the compensation that they deserve.Proving the Legal Fault of a Negligent Driver for a Median Barrier Collision
People injured in median barrier collisions can assert a claim for compensation against all potential at-fault parties. A personal injury claim may be appropriate not only against a negligent driver who may have caused an accident but also against the company that built the barrier or a municipality that failed to maintain the structure. Often, legal claims following a median barrier collision proceed under a negligence theory of law, and victims carry the burden of showing the elements of a negligence claim.
The duty of care involved in a negligence claim includes the requirement that individuals conduct themselves reasonably, as others would under similar circumstances. In the case of a median barrier collision, drivers are expected to operate their vehicle safely, taking into consideration their surroundings, which may include weather conditions, and speed. When drivers breach their duty of care by driving distractedly, for example, they may be held at fault if their conduct directly led to a crash and resulting injuries.
Following a median barrier collision, accident victims can suffer a range of injuries, depending on the type of barrier and the speed at which the vehicles had been traveling. More rigid barriers are commonly found on highways, where cars travel at high speeds and are separated by concrete barriers. Semi-rigid barriers are constructed of steel bales, connected by posts. When vehicles collide with a semi-rigid barrier, they may break through it and collide with oncoming traffic. Regardless of the type of barrier involved, people hurt in a median barrier accident have a right to file a claim for damages against any parties responsible for causing the accident.
In addition to careless drivers who crash into median barriers and cause accidents, other parties may be at fault for the accident. For example, if the municipality has improperly constructed the barrier, it may have breached its duty of care. If this conduct contributed to the crash and led to the victim’s damages, they might have a successful legal claim.
After demonstrating the legal fault of a driver or another defendant, victims may recover all of the damages related to their injuries. These damages are intended to place the victim in the position in which they would be had the accident not occurred. Past and future medical costs, property damage, and emotional pain and suffering are among the costs that can be secured.
Unfortunately, median barrier accidents can lead to a tragic fatality. In these situations, family members or a personal representative may file a wrongful death claim on behalf of a victim's right to compensation. Damages available in a wrongful death claim include burial or funeral costs, as well as medical bills, loss of companionship, and loss of consortium.Discuss Your Options With a Car Accident Attorney in Chicago
If you or someone close to you has been hurt in a median barrier collision, the motor vehicle crash attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can advocate for your right to full compensation from all at-fault parties. Call our office at (800) 444-1525 or complete this online form to explore your options with a dedicated Chicago lawyer at no cost. Our firm currently helps victims in Champaign, Springfield, Aurora, Quincy, Rockford, and other communities throughout Cook, Kane, Adams, Sangamon, and Winnebago Counties.