Broken Bone in a Truck Accident? Your Guide to Florida Law
A fully loaded tractor trailer can weigh as much as 80,000 pounds. When wrecks happen, the consequences can be catastrophic for victims. Broken bones are among the most common serious truck accident injuries. If you or your loved one suffered a broken bone in a crash, it is imperative that you know how to navigate the legal claims process. Here, our West Palm Beach truck accident lawyer provides a guide to broken bone injury claims in Florida.
No-Fault Law and the Serious Injury Threshold in Florida
Florida is a no-fault insurance state for motor vehicle accidents. After a truck crash, an injured victim will generally look first to personal injury protection (PIP) benefits for initial medical expenses and wage loss, regardless of who caused the collision. However, PIP is limited and does not provide full compensation for a serious fracture claim. The good news is that you can step outside of the no-fault claims process if you have a qualifying serious injury.
To pursue non-economic damages, an injured victim generally must satisfy Florida’s serious injury threshold. A broken bone can qualify if it produces a permanent injury within a reasonable degree of medical probability, a significant and permanent loss of an important bodily function, or significant and permanent scarring or disfigurement. Many victims with broken bones have the right to bring a fault-based claim in Florida.
Personal Injury Claims Tip: Seek immediate medical attention and any necessary follow-up care after a truck accident in Florida. Doing so is key to protecting your health, well-being, and legal claim.
Medical Evidence is the Foundation in a Broken Bone Claim
A broken bone is objective evidence of trauma, but the legal value of the claim depends on the full medical record. Important evidence may include emergency room records, imaging studies, orthopedic evaluations, surgical reports, hardware placement records, physical therapy notes, work restrictions, impairment ratings, and future care opinions. Fractures involving surgery, plates, screws, rods, joint involvement, nerve damage, reduced range of motion, chronic pain, or post-traumatic arthritis are especially significant.
Truck Accident Claims Often Involve Multiple Defendants
Broken bone claims arising from commercial truck crashes often involve more than one liable party. Potential defendants may include the truck driver, the motor carrier, a freight broker, a shipper, a maintenance company, a cargo loading contractor, or a vehicle parts manufacturer. Liability may be based on negligent driving, hours-of-service violations, unsafe lane changes, speeding, distracted driving, improper loading, brake failure, negligent maintenance, negligent hiring, or inadequate driver supervision. A comprehensive, detail-focused investigation of a truck accident is a must.
Call Our West Palm Beach Truck Accident Lawyer Today
At Pike & Lustig, LLP, our West Palm Beach semi-truck accident attorney is an aggressive, experienced advocate for justice. If you or your loved one suffered a broken bone in a crash, we are here to help. Give us a call now or contact us online for a free case review. From our West Palm Beach office and our Miami office, we handle truck accident injury cases throughout South Florida.
