Truck accidents often cause victims to suffer serious harm because of the size of vehicles involved. Motorists and pedestrians involved in truck crashes regularly suffer broken bones, head injuries, and spinal cord damage.
Victims of truck accidents can obtain financial compensation for their injuries. The path to payment in your case can vary depending on several factors. Fortunately, our attorneys can help determine the appropriate course of action.
If you suffered a truck accident in Niagara Falls, get help building your case. Get in touch with our experienced Niagara Falls truck accident lawyers by calling The Carrion Law Firm at (718) 841-0083. Our attorneys can provide a free review of your case.
Elements of a Truck Accident Lawsuit in Niagara Falls
The process for recovering monetary damages in truck accident lawsuits can differ. There are multiple different strategies our attorneys may employ when seeking compensation. However, in every case, plaintiffs must show that each of the following elements are true:
- The defendant was under a duty of care, such as the duty to load cargo properly or obey traffic laws while driving
- The defendant did not adhere to their duty of care
- You suffered a truck accident because of the defendant’s breach of duty
- You incurred damages because of the injuries you suffered
Determining whether these elements have been satisfied can be a complex task. During your free case review, our Niagara Falls truck accident lawyers can help evaluate the strength of your case.
Common Causes of Truck Accidents in Niagara Falls
There are several forms of negligent behavior committed by truck drivers and trucking companies that can lead to harmful crashes. The following are common causes of truck accidents in Niagara Falls:
- Improper cargo securement
- Distracted driving
- Speeding
- Drunk driving
- Defective products
- Tired drivers
- Reckless driving
If you suffered a truck accident in Niagara Falls, our attorneys can help investigate whether it stems from one of the aforementioned causes.
Proving Fault for a Truck Accident in Niagara Falls
In order to recover monetary damages in a truck accident lawsuit, you must present evidence that proves your accident was caused by the defendant’s negligent conduct. There are many different types of evidence that can be used to establish this link. The following are common forms of evidence utilized by our Niagara Falls truck accident lawyers:
Physical Evidence from the Scene
Physical evidence from the scene of a truck accident can be very useful when seeking to prove that a defendant is at fault. First, physical evidence can be used to identify the at-fault party. For instance, pieces of broken glass may be matched with a truck driver’s head light to prove that they hit the plaintiff.
Further, physical evidence may help explain factors that contributed to a crash. For example, drug paraphernalia found at an accident’s scene may be used to show that a driver was impaired when the collision occurred. In any case, our attorneys can help preserve and review any physical evidence gathered at the scene of your crash.
Unfortunately, some items may be difficult to bring into court or otherwise preserve. Therefore, other forms of documenting evidence are permitted.
Photos from the Scene
Photos from the scene of a truck accident can also be helpful when proving that a defendant is at fault. Photos can help uncover why certain accidents happened. For example, photos of a badly damaged vehicle may prove that a truck driver was travelling at excessive speeds at the time of a collision.
Additionally, photos can help disprove a defendant’s alternative theories of fault. For instance, an at-fault truck driver may state that a crash happened because of poor weather conditions. In that case, photos from the scene of the accident showing clear weather could be used to disprove their argument.
Accordingly, you should always take photos at the scene of your truck accident if you can. Afterwards, our Niagara Falls truck accident lawyers can help review the photos you took during your free case assessment.
Eyewitness Statements
Statements from eyewitnesses are another common type of evidence used to prove fault for truck accidents. Eyewitnesses can provide both oral and written testimony that helps explain why collisions occurred. For example, a witness may state that they saw a truck driver swerving and driving recklessly before causing a crash.
Therefore, you should always attempt to retrieve contact information for any witnesses to your crash if possible. After, our attorneys can provide guidance and support when reaching out for their potential cooperation.
Accident Reports
Furthermore, information from accident reports can be very helpful to our Niagara Falls truck accident lawyers when proving fault. After any injurious crash, a police officer should visit the scene to draft his report. These reports can contain a wide array of information that points to crash’s causes. For example, an officer’s report may contain statements from drivers, statements from witnesses, or a crash diagram.
Accordingly, after any harmful truck accident, it is important to remain at the scene until a police officer has had the chance to draft their report. Our team can help when seeking to recover and review a copy of the official accident report in your case.
Expert Witness Testimony
Expert witness testimony is also a form of evidence that can be used to prove fault for truck accidents. Expert witnesses are considered experts because they have completed the necessary training, education, and experience in their respective fields. They are often used to explain complex theories of fault. For example, an engineering expert may be summoned to explain how a defective tiedown caused a truck accident by allowing cargo to become unsecured during transit. Further, an accident reconstruction expert may be called to demonstrate why a truck driver is at fault for a collision that occurred at an intersection. Our Niagara Falls truck accident lawyers can help find the right expert witnesses to support your case.
If You Suffered a Truck Accident in Niagara Falls, Our Lawyers Can Help
If you were hurt because of a truck accident, seek assistance from our experienced Niagara Falls truck accident lawyers by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.