Drive along any road with serious curves or drop-offs and one will usually notice a guardrail. These steel fences are in place to keep vehicles from going over the edge and hopefully save the life of those inside the car. One Tennessee family recently filed a lawsuit against the maker of a particular guardrail after their daughter was killed in a car accident. The family claims that this wrongful death could have been prevented.
The 17-year-old was driving her vehicle when it struck the guardrail on the driver's side. The guardrail, instead of buckling to the impact of the car, sliced through the teen's door and struck her in the head. The force of the blow killed her instantly.
The lawsuit against the maker of the guardrail seeks damages for emotional distress and physical harm. During his research, he discovered that his daughter's death was not the only one of this nature nor the only one involving this particular guardrail maker. When presented with the evidence of the issues with the guardrail, many states have begun to remove and replace them.
To help cope with the expenses that stem from their loss, surviving family members in similar circumstances may choose to file a wrongful death lawsuit. If they can prove that the death of their loved one resulted from the negligence of the defendant, they may be entitled to a monetary judgment to help manage the financial consequences of the incident. A Tennessee attorney can help guide families in the steps necessary to pursue recovery of all applicable damages.
Source: newschannel9.com, "Family of teen killed in McMinn County files lawsuit against guardrail maker", Oct. 26, 2017