The speed and force of truck accidents make them especially dangerous. Naturally, bones are one of the first things to break in a crash. They are meant to shield the body from events like this but the sheer trauma of a truck incident normally is more than they can take. Rosenfeld Injury Lawyers works with people that have experienced these injuries through no fault of their own. We guide them through the legal system so that they can get compensation for their medical bills, lost wages, and other damages. Read the information below so that you can get a better sense about what you can recover for and how you can recover in Illinois.
- Bone Fractures from Illinois Truck Accidents
- Broken Bone Treatment after Truck Accidents
- Claims for Bone Fractures from Illinois Truck Accidents
- The Value of Broken Bone Claims from Illinois Truck Crashes
- Illinois Truck Accident Lawsuits with Bone Fractures
- Truck Accident Lawyers that Can Represent You in Chicago!
Bone Fractures from Illinois Truck Accidents
The human skeletal system is designed to protect our bodies from strong blows. It acts like a shield. Unfortunately, sometimes that shield breaks down when the trauma is too great. Truck accidents often produce the kind of force necessary to fracture bones. We see all kinds of broken bones after these incidents including the following:
Basically, the way that broken bone injuries are categorized comes down to a few issues: if the bone completely broke in half; if the bone pierced the skin or surrounding tissues; if the bone is still in alignment; and if the bone shattered into multiple pieces.
People break bones in all kinds of ways during truck accidents. Hands can jam into dashboards. Legs get shoved into brake pedals. Noses can slam into windows. The confined nature of the driving compartment makes many bones vulnerable to fracture. Plus, the force of truck accidents combines to all but guarantee something will break. When they do, you might need various treatment options to recover. That is what the section covers if you keep reading below.
Broken Bone Treatment after Truck Accidents
When treating broken bones after truck accidents, it is important to do some things right away so that the injury does not worsen or complicate. But first, learn to tell the signs of a broken bone so that you can identify the problem in the first place. Here are some questions to ask to see whether or not you fractured a bone:
- Do you feel pain around any bone in your body?
- Is any part of your body numb or sensitive to the touch?
- Do you see a bone sticking out of your body?
- Are you bleeding or swelling anywhere?
If you discover that you have a fractured bone, then doctors will select from a variety of options to treat it. Their main goal will be to immobilize the area in order to allow for the bone to naturally come together and reconnect. If it is unable to do that on its own, they might perform surgery in order to manually complete that process. Often, they insert a rode to stabilize and strengthen the fractured bone. After that process, they will normally prescribe you a series of medications for pain and disinfectant.
However, while you are waiting to see medical professionals, it is important to complete some first aid steps in order to make sure that your health is secured. You should stop the bleeding, immobilize the bone, use ice packs or cold devices on the affected area, and cover the rest of your body to stay warm. This will ensure that you are in the best position possible to get better once you see a doctor.
Claims for Bone Fractures from Illinois Truck Accidents
If you break a bone in a truck accident or suffer any other kind of injury, you might wonder how you can pursue recovery from the person that caused the accident. In Illinois, you can file a case for negligence for bone fracture injuries. You need to plead and prove the following points in order to succeed on this cause of action:
In the context of truck accidents, this means that the defendant must have caused the crash and you were injured as a result. Then, you need to show that you suffered in some tangible or intangible way in order to recover. However, there are some exceptions to this general case flow.
The defendant has some tools at its disposal that it can use to defeat your claims. There are two main varieties 1) the defendant can argue that you didn’t prove all of the points you needed to or 2) the defendant can argue that even though you proved all of the points that you needed to, there is some additional. fact that makes the defendant blameless.
An example of the first variety would be if the defendant didn’t act negligently and cause the crash because he or she was the passenger, not the driver. An example of the second variety would be if the plaintiff was contributorily negligent (by speeding for instance) or somehow assumed the risk of the incident and injury.
This lays the main claims and defenses found in Illinois truck accident lawsuits with broken bones but there are others that you should be aware of. If you speak to our team of skilled and seasoned attorneys, you can more fully understand what your claims will look like. In the next section, we will talk about what they might be worth.
The Value of Broken Bone Claims from Illinois Truck Crashes
“What happened?” Before discussing what your claims for broken bone injuries from a truck accident will be, it is critical to scrutinize the facts and circumstances of your own accident. Careful review of case law and precedent is important for context and for understanding the lay of the legal land. Yet, the value of your case will turn on what actually happened to you! Think about these things when you’re examining your situation.
1. Itemize all of the costs and expenses that the accident created from the very beginning including medical bills, transportations bills, etc. Out-of-pocket expenses are the foundation of the value of your claim but they don’t mean anything if you cannot prove them.
2. Typically, broken bone victims of truck accidents miss work during recovery. You should send your employer an income verification form if this is the case. It will prove that you lost wages due to the accident and allow you to add that amount to the value of your claim.
3. Make a note of all the things you cannot do temporarily or permanently because of your fractured bone. This reduction in quality and capacity is totally recoverable in an Illinois case
4. Consider the pain, expense, and disability that the broken bones will cause you in the future. Defendants in Illinois truck accident cases are on the hook not just for the immediate damages created in the aftermath of a crash but also all of the prospective damages. However, it is important to figure completely what those costs will be so that you don’t lowball yourself when seeking recovery.
These pointers should help you begin the process of estimating the value of your claim. To get a concrete answer of what you case could be worth, call us today.
Illinois Truck Accident Lawsuits with Bone Fractures
In any accident, bones are often the first things to go. They are so easy to break and can break in so many ways that they are very vulnerable in truck accidents. Here are some cases where they were the outcome of negligent truck driving. Below, we have compiled settlements and verdicts for Illinois truck accident cases involving broken bones.
If you have a question about the cases below or wish to discuss an Illinois trucking accident case involving yourself or a loved one, we invite you to complete our online case intake form or call our office to discuss your case without cost or obligation. As with all of our commercial trucking cases, we only charge a legal fee when there is a recovery for you.
2014; ILLINOIS; COOK COUNTY: $7,400,000 SETTLEMENT
In this case, a young woman was walking around the hip Gold Coast section of downtown Chicago when, out of nowhere, a sanitation truck ran over the curb and onto the sidewalk. A bunch of people jumped out of the way but the girl here was not so lucky. She was able to save a child by shoving him but she could not save herself.
The truck rammed right into her. It smashed and broke bones in her legs, hips, and pelvis. If the driver thought he had any case before, then he certainly did not after investigators learned that he was intoxicated at the time of the incident. He and his employer quickly sought to settle and move on from the controversy. The woman received $7,400,000 through an out-of-court settlement.
2009; ILLINOIS; COOK COUNTY; $250,000 JURY AWARD:
This story started as a couple of young people horsing around but escalated quickly into a serious accident. A young man tried jumping onto the back of pickup truck but the driver pulled away before he was completely onboard. The force of the fall fractured his tibia bone and he sued the driver for negligence.
The lawsuit complained that he should have waited until all people were securely on the truck and that the driver was drinking and driving. The defendant countered that the plaintiff was also drunk and was contributorily negligent by jumping on the back of the pickup when it was obviously unsafe to do so. The jury awarded the victim $250,000 in damages for his injuries.
2009; ILLINOIS; COOK COUNTY; $120,965 JURY AWARD:
A middle-aged man in this case was read-ended by a tractor-trailer. The speed and weight of the truck sent the victim’s car flying across the highway. He sustained multiple injuries including several broken bones, herniated discs, and a kidney laceration. The man sued the defendant truck driver for negligence as well as the latter’s employer because he was driving the truck in the course of his employment.
The suit contended that the defendant should have kept a better lookout, should have kept a larger distance from the plaintiff’s car, and should have taken action to avoid the crash. The defendants quickly and forcefully replied that the plaintiff was at fault for abruptly halting his vehicle.
They also generally denied any responsibility as well as the extent of the plaintiff’s claimed injuries. The jury returned a verdict for the plaintiff in the amount of $120,965 across the following categories of damages:
- Medical Costs: $14,965
- Lost Wages: $70,000
- Pain and Suffering: $36,000
- Total: $120,965
2014; CALIFORNIA; $925,000 SETTLEMENT:
Here, a truck driver was riding along a California highway when his vehicle drifted over the median and crashed into a car. The driver of the car sustained a fractured bone in his spine. He sued the truck driver and alleged that the latter fell asleep at the wheel and negligently caused the collision.
Due to this conduct, the car driver said he had broken bones as well as long-term pain, suffering, depression, and other injuries. While admitting that he was responsible for the incident, the defendant denied that he fell asleep as well as the extent of the plaintiff’s claimed damages. Rather than fight these issues in court, however, he settled with the plaintiff for $925,000.
2014; OKLAHOMA; $410,000 SETTLEMENT:
The victim in this crash was a minor. He was driving his parents car when a truck crossed the median and sideswiped the car. The child sustained multiple broken bones and lacerations across his body. The parents of the boy sued the driver and the driver’s boss.
Their suit alleged that the truck driver was negligent in the operation of his vehicle and since he was working at the time of the crash his employer should be vicariously liable as well. Fearing the consequences of a trial, the defendants decided to settle. The plaintiffs received $385,000 from the employer and $25,000 from the truck driver
2015; FLORIDA; $1,862,025 JURY AWARD:
A man in his early sixties was driving along a Florida highway when a truck crossed the intersection and smashed right into him. The crash crushed many of the bones in his dominant hand that could not be fixed after multiple surgeries.
In addition to the long term pain and suffering that cost him, he also claimed in the subsequent lawsuit that he was suffering from post traumatic stress disorder and would not be able to continue working at his job that paid him also one hundred thousand dollars a year. A jury awarded him $1,862,025 for his injuries.
2015; CALIFORNIA; $400,000 SETTLEMENT:
This incident started out on a happy note. A couple was having a party for their 20- year-old son. They invited over fifty people. At a certain point, however, a group of them got rowdy so they were asked to leave and they did so rather hastily.
In their rush, one of their trucks knocked over some garbage cans and those cans flew right into a pedestrian. The boy broke his wrist and sustained other, minor injuries. He sued the driver of the truck that harmed him for negligence, arguing that he should have kept a better watch and should have reduced his speed. Realizing that he was clearly in the wrong, the driver agreed to settle well before trial even started. They ended the controversy for $400,000.
2011; MINNESOTA; $309,950 JURY AWARD:
A female car driver and a male truck driver collided head-on at a busy intersection in Duluth, Minnesota. From the incident, the woman sustained a broken bone in her leg and wrist. She sued the driver and the driver’s boss for negligence.
Her suit alleged that since he was working in the course of employment at the time of the accident, his employer should be liable as well. She claimed damages related to medical costs, lost wages, disability, distress, and loss of normal life.
The defendants complained that she was exaggerating the true extent of her injuries so they went to trial. At trial, the jury was convinced that the defendants were at fault but not to the extent that she claimed. They awarded her $309,950 across the following categories:
- Lost Wages: $6,710
- Medical: $8,740
- Pain and Suffering: $294,500
- Total: $309,950
Truck Accident Lawyers that Can Represent You in Chicago!
If you fracture an arm, leg, or other bone in your body during a truck accident, then call the Rosenfeld Injury Lawyers to find out if you can recover for the pain and expense of the injury. Our team has a proven record of obtaining recovery for victims and can quickly identify your rights to relief. Plus, we can work for you on contingency so that you only pay us if we win! To figure what you can get in court, call our offices and speak with someone from our team!
If you would like to learn about other kinds of injuries sustained in Illinois truck accidents, then please read the following pages: