Proving a Broken Bone Injury Was Caused by a Car Accident

Proving a Broken Bone Injury Was Caused by a Car Accident

At Daws Legal, Judson Daws personally handles every case he accepts, including disputes over whether a collision caused or aggravated an injury. He can gather medical records, imaging, and other evidence needed to establish how the crash affected you, even if you had a pre-existing condition.

What Is the Eggshell Skull Rule? 

Under Texas law, the eggshell skull rule, also known as the “thin skull rule,” protects personal injury claimants who have pre-existing conditions or physical vulnerabilities. Simply put, an at-fault driver must accept an injured person as they find them. 

For example, suppose you have fragile bones, a prior back injury, or a pre-existing medical condition. The negligent party cannot escape financial responsibility just because you were injured more easily or severely than an “average” person would have been.

While the insurance company cannot be forced to pay for conditions you already had before the crash, the at-fault driver may be responsible for new injuries caused by the collision or the aggravation of your pre-existing condition in your fracture claim. 

How Can You Prove a Collision Caused Your Fracture?

Proving a broken bone was caused by a car accident requires building a clear chain of medical and physical evidence. Even in the case of an “eggshell skull” plaintiff in Texas, insurance adjusters may claim bone fractures were caused by something other than their insured’s negligence. 

In a personal injury lawsuit, you must prove your claim by a “preponderance of the evidence,” which means you must show that it is more likely than not that the defendant’s conduct caused your injury. Important evidence that may help prove causation in fracture claims includes: 

• Diagnostic imaging. X-rays, CT scans, and MRIs taken shortly after the crash can document the fracture and its condition following the collision.
• Physician intake notes. Medical records documenting when your pain and symptoms began can help establish the timeline between the collision and your injury.
• Physician opinions. A treating physician or other qualified medical expert may provide an opinion about whether the collision caused or aggravated the fracture.
• Crash dynamics data. Vehicle damage reports and accident reconstruction evidence may help establish the forces involved in the collision and whether they are consistent with the claimed injury.

Putting together thorough medical and accident records can help build a strong foundation to counter insurance company disputes and establish causation for your injury.

Why Does Reaching Maximum Medical Improvement (MMI) Matter?

In Texas injury claims, reaching maximum medical improvement (MMI) before settling can help provide a clearer picture of the extent and long-term effects of your fracture. MMI is the point at which your treating physician determines your condition is unlikely to improve substantially with further treatment.

Settling your claim before reaching MMI can make it harder to evaluate future losses. Bone fractures often lead to long-term complications, such as arthritis, hardware failure, reduced range of motion, and even future surgeries. By waiting until you reach MMI, Judson can more accurately calculate your full medical bills and the lifelong impact of your injuries, and pursue compensation that accounts for the full scope of your injuries and losses.

What Are Common Kinds of Bone Fractures in Texas Injury Cases?

Car accidents can subject the human body to devastating physical trauma. In Texas personal injury claims, the severity and type of fracture can influence both your medical treatment plan and the overall financial value of your claim. Common kinds of bone fractures that may result from car accidents include: 

• Comminuted fractures. In this type of fracture, the bone splinters or shatters into three or more pieces. Common in high-speed crashes, these injuries often require open reduction internal fixation (ORIF) surgery using metal plates, rods, or screws.
• Compound (open) fractures. In these injuries, the broken bone pierces through the skin. These fractures carry a risk of osteomyelitis (bone tissue infection), which may require extended hospital stays and intensive medical monitoring.
• Hairline (stress/occult) fractures. These small cracks in the bone can be difficult to see on initial emergency room X-rays. Additional imaging may sometimes be necessary to identify the injury.
• Displaced fractures. In a displacement, the bone breaks completely, and the two ends become misaligned, potentially requiring manual reduction or surgical hardware reconstruction.
• Compression fractures. In this type of injury, a sudden impact crushes the spinal bones. This commonly occurs in the vertebrae during head-on crashes or rear-end collisions.

How Long Do You Have to File a Claim in Texas?

Under the Texas law, the statute of limitations for personal injury claims, including car accidents, is generally two years from the date of the injury.

If you fail to file a personal injury lawsuit before the deadline, you may lose the right to pursue the claim in court, regardless of how severe your bone fracture is or how clearly the other driver was at fault. Waiting until the last minute can also make evidence harder to preserve because crash-scene evidence disappears, surveillance footage is overwritten, and witness memories fade.

Can the Statute of Limitations Be Extended?

Although the two-year window governs the vast majority of personal injury accident claims, Texas law provides limited exceptions that may affect when the limitations period begins or runs, including:

• Underage claimants. When a child under 18 breaks a bone in a crash, the countdown generally pauses until they reach adulthood, effectively granting them until their 20th birthday to initiate litigation. 
• Severe mental incapacity. If preexisting or crash-related trauma leaves a victim medically unresponsive or legally incompetent, the filing clock halts until they regain capacity. This only applies if mental incapacity arose before or at the time of the accident.
• Government claims. Collisions with municipal buses, county trucks, or state vehicles are subject to different requirements for notice and timing. The Texas Tort Claims Act requires written notice of a claim within six months of the incident, although actual notice and other rules may affect the requirement. Local governmental entities may also have charter or ordinance provisions requiring earlier notice. 

In Texas, parents own the claim for their minor child’s medical expenses, meaning the standard two-year deadline is not paused and begins counting down immediately on the day of the crash. So, parents should not wait to seek legal advice on their child’s behalf.

Get Help from a Texas Car Accident Attorney

Insurance adjusters may question whether a collision caused your fracture, particularly when you have a pre-existing condition, or the injury was not immediately apparent. You do not have to sort through those medical and causation questions alone. Daws Legal can help build the medical and factual record needed to prove a broken bone was caused by a car accident.

Our firm intentionally maintains a manageable caseload so each client receives personal attention and direct communication throughout the process. We handle personal injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless we win your case.

If you’re unsure what comes next after a serious fracture, Daws Legal can help make the process easier to navigate while you focus on getting better. Call or fill out our online contact form to schedule your free, no-obligation consultation with Daws Legal. 

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Texas Pattern Jury Charges PJC 28.8 – Personal Injury Damages.
• Texas Civil Practice and Remedies Code – Chapter 16.001. Effect of Disability.
• Texas Civil Practice and Remedies Code – Chapter 16.003. Two-Year Limitations Period.
• Texas Civil Practice and Remedies Code – Chapter 101.101 Notice.
• The Dartmouth Atlas of Musculoskeletal Health Care – Chapter 4: Fractures, The Center for the Evaluative Clinical Sciences and The Center for Outcomes Research and Evaluation, American Hospital Publishing, Inc. (2000).

About the Author

Judson is a dedicated and experienced Personal Injury attorney with a passion for justice and a commitment to helping clients navigate complex legal challenges. With 30 years of experience in personal injury, he has successfully represented countless clients, securing favorable settlements and verdicts.