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How to Recover Compensation Following a Truck Accident in New York

How to Recover Compensation Following a Truck Accident in New York

Truck drivers are very often taken for granted. They are hard-working, modest, and drive long hours into the night. Truck drivers may work up to 70 hours per week, which very often results in intense fatigue. Truck drivers are also often under immense pressure to do their job as efficiently as possible, which unfortunately boosts their chances of getting into an accident. If you have been involved in a truck accident, here are some of the questions you may have:

What are the main types of truck accidents?

  • Rollovers occur when a truck driver is speeding when making a turn too quickly. Rollover crashes may also occur when cargo is improperly secured and unbalanced before the truck’s departure. 
  • Head-on collisions, usually the most fatal type of truck collision, generally occur if you were struck by a truck traveling in the wrong lane. If this is the case, you will most likely be able to recover compensation. 
  • Jackknife accidents generally occur when the trailer swings independently of the cab, with both sections of the tractor-trailer moving in different directions.
  • Unfortunately, since many truck drivers work such long hours, some use illegal substances to combat fatigue. However, driving under the influence, whether it be of drugs or alcohol, is always negligent.

How do I know if I am entitled to financial compensation?

You will be entitled to financial compensation if you are able to prove the other party’s negligence enough to satisfy the burden of proof. 

How may I receive compensation following a truck accident?

Unfortunately, recovering compensation following a truck accident is usually not as straightforward as a non-commercial accident. If you are injured in a truck accident, the truck and insurance companies will usually hire a team of legal experts who will do anything in their power to disprove your claim, regardless of how badly you may need the compensation–and regardless of whether you’re entitled to it. This is why you need to hire an experienced attorney yourself, who will battle the insurance companies every step of the way. As just one example of how the companies will try and withhold your compensation, trucks are usually equipped with an Event Data Recorder. This device records the speed at which the truck was traveling at the time of your accident. However, truck companies will very often wipe its memory clean before you or anyone else can access it. If you hire an attorney, he or she will write the trucking company a spoliation letter, demanding this evidence is preserved. If the truck company deletes this evidence after receiving the letter, your attorney can use this against them.

Contact our New York firm

Hausman & Pendzick effectively represent victims of neglect in Westchester County and across the state of New York. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.

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