What if a Broken Guardrail Made My Car Crash Worse?

 Posted on July 10, 2025 in Car Accidents

Guardrails are supposed to protect drivers, not cause more harm. Unfortunately, in some Illinois car crashes, a poorly designed, already broken, or defective guardrail can actually make a collision worse. If this happens to you or someone you love, it is important to understand your legal options. 

You may be entitled to compensation through a personal injury claim. Since Illinois law allows injury victims to pursue damages from negligent parties, including government entities and product manufacturers, you should speak with a skilled Morris, IL personal injury lawyer right away to protect your rights.

Can You Sue If a Guardrail Made Your Injuries in a Car Crash Worse?

You might have grounds to sue if a defective or improperly installed guardrail worsened your injuries. While many crashes involve driver error or poor road conditions, a guardrail that fails to perform its safety function or creates new hazards can indicate negligence on the part of a manufacturer, contractor, or government agency.

You might have a valid claim if:

• The guardrail speared through your car instead of absorbing the impact.

• The guardrail broke into dangerous fragments.

• The end terminal failed to collapse as designed.

• The guardrail was improperly installed or maintained.

As of July 2025, Illinois follows a modified comparative fault rule, as dictated in 735 ILCS 5/2-1116. This means you can still recover damages if you were less than 50 percent responsible for the crash. This is especially relevant if you hit a guardrail during a single-vehicle accident, but the design or defect caused far greater injuries than expected.

What Does Illinois Law Say About a Guardrail Lawsuit?

Product liability and negligence laws in Illinois both come into play in guardrail-related cases. Under the Illinois Product Liability Act, a manufacturer can be held strictly liable if a defect in design, manufacturing, or warnings led to injury. This means you do not have to prove intent or carelessness; you only need to prove that the product was unreasonably dangerous and caused harm.

In addition, government entities may be liable under the Local Governmental and Governmental Employees Tort Immunity Act if they failed to maintain road safety equipment or approved a known hazardous design. However, claims against public agencies often have shorter deadlines and notice requirements, so do not delay. Product liability lawsuits in Illinois must generally be filed within two years of the injury, and claims involving government negligence may require notice within one year. A qualified lawyer can advise you on the time limits that apply to your case.

What Should You Do Next?

If you suspect a faulty guardrail made your crash worse, it is critical to act quickly. Take photos of the scene and the damaged guardrail, seek medical treatment, and contact a knowledgeable attorney as soon as possible. You may have a limited time to pursue your claim, especially if a government agency is involved.

Our firm offers free consultations and will listen to your story with care. We will explain your options and help you pursue the compensation you need for medical expenses, lost wages, and pain and suffering.

Contact a Will County, IL Personal Injury Lawyer

If you think a defective guardrail made your crash worse, contact a Morris, IL personal injury attorney at Carlson Law Group, P.C. today. We are dedicated to providing our clients with everything they need so they can make informed decisions and protect their rights and interests. Call 815-710-3700 to schedule your free consultation.