In some cases, the cause of a car accident is obvious. In a two-car collision caused by an inattentive or negligent driver, there may be arguments as to fault, but the observer can generally form a reasonable opinion as to cause without the results of a detailed investigation or full-scale accident reconstruction.
In other cases, however, the cause of a serious car accident may not be immediately apparent and may not be as simple to establish. If, for example, a car strikes a guardrail -- which in turn collapses and allows the vehicle to crash into a river, risking the lives of driver and passenger alike -- who is to blame?
That is exactly the type of scenario which occurred recently in one Connecticut community, raising suspicions that a defect in road design or construction may have created a hazard to motorists in the area.
Last Thursday morning, police and fire departments from Darien and Stamford responded to the scene of an accident in which a car had struck a guardrail on Post Road. The reason for the initial collision has not been determined with certainty; however, what is certain is that, rather than remaining intact and keeping the car on the road, both the guardrail and safety rail failed.
As a result, the car traveled down the embankment and became partially submerged in the Norton River. Both driver and passenger were able to escape and were taken to Stamford Hospital. Thankfully, neither appears to have suffered serious or life-threatening injury.
Although the victims in this case were lucky, drivers on Connecticut highways shouldn't have to trust their lives to luck. If the guardrail hadn't failed, it seems likely the vehicle would not have left the roadway. Were the guardrails defective or installed incorrectly? Local officials have promised a full investigation.
In a similar scenario, had the victims sustained serious injury -- or worse -- as a result of being plunged into a river after the apparent failure of a guardrail, the investigation on the part of the victims' attorneys would likely have centered on whether the injuries were caused by the failure of the guardrail, whether the failure of the guardrail was the result of a defect in design or construction, and, if so, which company or municipality should be held liable.
In complex car accident cases involving potential road defects, the ability to thoroughly investigate the chain of events and identify all possible avenues of coverage or compensation can be critical in helping accident victims recover.
Source: Darien Times, "Car snaps utility pole; another car drives into river," Susan Shultz, Jan. 19, 2012

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