What to Know About Pursuing Compensation After a Jackknife Truck Accident in New York
Updated: Nov 12
If your life was derailed by a jackknife truck accident in New York, you know all too well the physical, emotional, and financial toll it can take. Pursuing compensation after such a devastating incident is not just a matter of seeking justice; it's a necessity for rebuilding your life. To learn what doing so entails, read on.
Understanding Jackknife Truck Accidents
A jackknife truck accident occurs when a large vehicle, such as a semi-truck, skids in traffic so forcefully that its trailer swings out to form a 90-degree angle with the cab, resembling the shape of a folding pocketknife. These accidents are often the result of various factors, including:
· Sudden Braking: When a truck driver applies the brakes abruptly, the truck's wheels can lock, causing the trailer to swing out uncontrollably.
· Slippery Roads: Wet or icy road conditions can reduce traction, making it easier for a truck to skid and jackknife.
· Speeding: Excessive speed, especially when navigating curves or sharp turns, can increase the risk of a jackknife accident.
· Driver Error: Distracted driving, fatigue, or impairment can lead to poor decision-making and loss of control over the truck.
· Mechanical Failures: Faulty brakes, tires, or other mechanical issues can contribute to jackknife accidents.
Pursuing Compensation in New York After a Jackknife Truck Accident
If you were hurt in a jackknife truck accident in New York, these are the steps you’ll most likely take to put together a compelling claim:
1. Seek Immediate Medical Attention
Your health is paramount. Ensure that you receive prompt medical care, even if your injuries seem minor. Your well-being should be your top priority.
2. Notify the Relevant Authorities
Report the accident to law enforcement and confirm an official accident report is filed. This report will serve as crucial evidence in your case.
3. Gather Evidence
Collect as much evidence as possible, including photographs of the accident scene, your injuries, and any damage to your vehicle. These visuals can provide powerful support for your claim.
4. Collect Witness Testimony
If other people saw the accident occur, obtain their contact information and statements about what they witnessed. Their testimony can corroborate your own account of the incident.
5. Preserve Physical Evidence
If there are any physical pieces of evidence, such as damaged vehicle parts or debris from the accident, try to preserve them. They may be vital in establishing liability.
6. Document Your Injuries
Keep a detailed record of your injuries, medical treatments, and their impact on your daily life. This information is essential when calculating the damages you've suffered.
7. Consult an Attorney
Reach out to an experienced personal injury attorney in New York. They can evaluate your case, provide guidance on collecting evidence, and advocate for your rights.
Unique Considerations for Jackknife Truck Accident Claims in New York
New York's tort law system has specific nuances that may affect your compensation:
1. No-Fault Insurance: New York is a no-fault insurance state, which means that your own auto insurance company typically covers your medical expenses and lost wages, regardless of who was at fault. However, you may still be able to pursue a personal injury claim against the at-fault party for non-economic damages, such as pain and suffering, if your injuries meet certain criteria.
2. Comparative Negligence
New York has a pure comparative negligence rule. This means if you are found partially responsible for the accident, your compensation may be reduced proportionally. Your attorney will help navigate this aspect of the law.
A jackknife truck accident can be a life-altering experience, leaving you with physical injuries, emotional trauma, and financial burdens. Fortunately, with the right evidence, legal guidance, and a compassionate approach, you can navigate the complexities of the legal system and hopefully hold those responsible for your suffering accountable.
Call 855-585-2969 to Discuss Your Case with a New York Truck Accident Lawyer
If you were hurt in a large truck crash through no fault of your own, turn to Leitner Varughese. We counsel accident victims in New York City, Long Island, and throughout the rest of New York State. Call 855-585-2969 or complete our Contact Form to schedule a free initial consultation with a truck accident attorney in New York.