Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

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Truck Accidents Lawyer in Hooverson Heights

Protecting Your Rights

Truck Accident Claim Guide

Truck collisions involving commercial vehicles present complex legal and insurance challenges for people injured in Hooverson Heights. Big rigs, tractor-trailers, and delivery trucks operate under federal rules and carry higher insurance limits than most passenger cars, which changes how claims are investigated and negotiated. Stephen New & Associates, based in West Virginia, represents people hurt in these collisions and helps them understand how liability, medical documentation, and insurer demands interact. If you or a loved one were injured, it is important to preserve evidence, document injuries, and get clear advice about next steps. Call 304-355-5565 to discuss what happened and learn options for moving forward.

Truck accident cases often involve serious injuries, significant property loss, and interactions with trucking companies and their insurers. Injuries can range from broken bones and spinal trauma to traumatic brain injuries and long-term rehabilitation needs, and financial and emotional impacts can be substantial. Timely medical care, gathering witness information, and preserving vehicle and scene evidence help protect a claim. Stephen New & Associates serves clients throughout West Virginia and brings focused attention to the facts of each case, coordinating medical records, accident reconstruction resources, and communications with insurers to pursue full recovery on behalf of injured people.

Benefits of Pursuing a Strong Claim

Pursuing a well-documented truck accident claim can help injured people obtain compensation for medical bills, lost income, ongoing care, and pain and suffering that they otherwise might not recover. A thorough claim gathers medical records, accident reports, driver logs, and, when available, electronic data from the commercial vehicle to build a clear picture of fault and damages. Working carefully with an attorney helps ensure deadlines are met, evidence is preserved, and settlement offers are evaluated against the full cost of recovery, including future needs. For families facing long recoveries, an effective claim can make a significant difference in financial stability and access to care.

Stephen New & Associates: Firm Overview

Stephen New & Associates is a West Virginia law firm serving clients from Beckley and across the state, including Hooverson Heights and Brooke County. The firm focuses on personal injury matters such as truck accidents, car crashes, workplace injuries, and wrongful death claims. The attorneys work to investigate collisions thoroughly, consult with medical and reconstruction professionals, and communicate clearly with clients about legal options and potential outcomes. Clients can expect a local approach to case management, timely updates, and a commitment to pursuing fair compensation for medical expenses, lost wages, and long-term care needs when appropriate.

Understanding Truck Accident Claims

Truck accident claims differ from typical auto claims because commercial trucks are subject to federal and state safety regulations, higher insurance coverage limits, and often involve multiple liable parties such as drivers, trucking companies, cargo loaders, or maintenance providers. Liability can hinge on compliance with hours-of-service rules, driver training, vehicle maintenance records, and cargo securement. Because trucking companies often have dedicated legal teams and insurers prepared to defend large claims, injured parties benefit from early, careful documentation of injuries and scene evidence. Understanding these differences helps injured people and their families make informed choices about preserving rights and pursuing recovery.

Investigating a truck accident typically involves collecting the police report, interviewing witnesses, obtaining driver qualification and log records, reviewing maintenance and inspection logs, and seeking any available electronic control module data from the truck. Photographs of the scene, vehicle damage, and visible injuries are important, as are medical records that connect treatment to the crash. Timelines matter for preserving evidence and meeting legal deadlines, and working with professionals who know how to request and analyze trucking records can make a substantial difference in building a clear claim that accurately reflects liability and damages.

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Key Terms and Glossary

Liability

Liability refers to legal responsibility for harm caused by negligent or wrongful actions. In a truck accident context, liability can attach to the truck driver, the trucking company that employed the driver, a vehicle maintenance provider, or another party whose negligence contributed to the crash. Establishing liability requires showing that a duty of care existed, that the duty was breached through negligent conduct, and that the breach caused the claimant’s injuries and damages. Evidence of road conditions, driver logs, maintenance records, witness statements, and video or electronic data can all play a role in proving who is legally responsible for losses after a collision.

Damages

Damages are the monetary losses a person can claim after an accident, intended to compensate for harms suffered. Economic damages include tangible costs such as medical bills, prescription costs, rehabilitation, property repair or replacement, and lost wages. Non-economic damages cover more subjective harms such as pain and suffering, loss of enjoyment of life, and emotional distress. In some cases, punitive damages may be sought to address particularly reckless conduct, but recoveries depend on the facts and applicable law. Proper documentation and medical support are necessary to quantify damages and present a persuasive claim to insurers or a jury.

Negligence

Negligence is the legal theory most commonly used to recover after a truck collision and involves proving that someone failed to act with reasonable care under the circumstances. To establish negligence, a claimant must show that the responsible party owed a duty to others on the road, breached that duty through careless or unsafe behavior, and caused injuries and losses as a direct result. Examples include speeding, driving while fatigued, failing to secure cargo, or neglecting vehicle maintenance. Proving negligence often requires combining witness accounts, records, expert analysis, and physical evidence from the crash scene.

Comparative Fault

Comparative fault is a legal concept that reduces a claimant’s recovery proportionally when the claimant bears some responsibility for the accident. Under comparative fault rules, a jury or insurer assigns a percentage of fault to each party, and the claimant’s total damages award is reduced by their percentage of fault. For example, if a claimant is found 20 percent at fault for a collision, any award would be reduced by 20 percent. Understanding how comparative fault is applied in West Virginia and in local courts is important when evaluating settlement offers and deciding whether to proceed to trial.

PRO TIPS

Preserve Evidence Immediately

After a truck collision, take steps right away to preserve any physical and photographic evidence at the scene, because weather, cleanup, and repairs can erase important details; take photos of vehicle positions, skid marks, cargo, road conditions, and visible injuries. Obtain contact information for witnesses and secure copies of the police report and any medical treatment records, since those documents create the initial paper trail for a claim. Report the accident to your insurer with caution and consult with Stephen New & Associates before giving recorded statements that could be used against your claim.

Seek Medical Attention Promptly

Even when injuries seem minor immediately after a crash, seek medical evaluation as soon as possible because some injuries show delayed symptoms and early documentation links treatment to the collision for insurance and legal purposes. Follow recommended treatment plans and keep detailed records of appointments, prescriptions, and therapy sessions to support damage calculations. Communicate openly with treating providers about how the crash affected you so the medical record accurately reflects the cause and extent of injuries.

Avoid Early or Quick Settlements

Insurance companies may offer quick settlement amounts that do not reflect the full cost of recovery, so avoid signing releases or accepting offers until future medical needs and repair costs are clear. Consult with an attorney who can help evaluate whether an offer fairly compensates for medical bills, lost income, ongoing care, and non-economic harms. Preserving the right to revisit damages until injuries stabilize ensures a fairer assessment of total losses.

Comparing Legal Options After a Truck Accident

When Full Representation Is Recommended:

Multiple Parties Involved

When a truck collision involves a driver, the trucking company, a cargo loader, or a maintenance vendor, liability can be complex and split among several entities, and pursuing compensation requires coordinated legal claims against each potentially responsible party. Full representation helps ensure thorough investigation of employer records, safety compliance documents, and maintenance histories to identify responsible parties and insurance sources. Having legal representation supports the development of a cohesive strategy to manage multiple insurers and to protect a claimant’s rights throughout the negotiation or litigation process.

Severe or Long-Term Injuries

When injuries from a truck accident result in long-term disability, ongoing medical care, or significant loss of income, evaluating the full long-term cost of recovery requires careful documentation and projection of future needs, which supports seeking appropriate compensation. A comprehensive approach gathers medical opinions, life care planning resources, and vocational assessments when needed, so settlement discussions reflect both immediate and future losses. With those elements in place, claimants are better positioned to seek outcomes that address rehabilitation, assistive needs, and financial stability over time.

When a Limited Approach May Be Sufficient:

Minor Property Damage Only

If a collision results primarily in minor vehicle damage and there are no injuries or only minor, quickly resolving medical care, a limited approach that focuses on property repair or replacement may be appropriate. In these situations, direct negotiations with the other driver’s insurer or pursuing a claim through one’s own collision coverage can resolve matters without a fuller legal action. Even when opting for a reduced approach, documenting the incident and keeping records protects against later disputes about what happened or hidden damage discovered after repairs.

Clear Liability and Quick Recovery

When liability is obvious, the other party’s insurer accepts responsibility promptly, and medical treatment is short-term with well-documented closure, a focused negotiation may resolve a claim efficiently without formal litigation. Prompt medical care and clear repair estimates make it easier to evaluate settlement offers fairly and avoid prolonged disputes. Even in straightforward cases, reviewing settlement terms carefully ensures compensation aligns with actual costs and any potential future needs are considered.

Common Truck Accident Scenarios

Overturned or Jackknifed Truck

Overturned or jackknifed trucks can block lanes, cause multi-vehicle collisions, and lead to serious injuries due to the size and mass of the vehicle; these incidents often require detailed investigation into load securement, road conditions, and driver actions. Determining who is responsible may involve examining cargo weight, maintenance records, and whether the driver complied with hours-of-service rules to properly attribute fault and damages.

Tire Blowouts and Cargo Shift

Tire failures or shifting cargo can lead to sudden loss of control and catastrophic collisions, and these events often raise questions about vehicle maintenance, inspection routines, and loading practices. Establishing liability typically involves reviewing maintenance logs, inspection reports, and load manifests to determine whether negligence in upkeep or cargo handling contributed to the crash.

Driver Fatigue and Hours-of-Service Violations

Driver fatigue and violations of hours-of-service regulations are common causes of truck collisions and can be documented through driver logs, electronic control module data, and company scheduling records. Proving such violations helps show preventable risk and can be central to holding a trucking employer or driver accountable for resulting injuries.

Hooverson Heights Truck Accident Attorney

Why Choose Stephen New & Associates for Truck Accident Claims

Stephen New & Associates offers local knowledge of West Virginia courts, insurance practices, and the unique aspects of truck collision claims, serving clients from Beckley to Brooke County and nearby communities. The firm focuses on clear communication with clients, gathering the necessary records to support claims, and coordinating with medical and technical professionals when needed. If you were injured in Hooverson Heights, the firm can help explain deadlines, document losses, and pursue insurance recoveries while keeping you informed of options and progress throughout the claim.

Clients receive direct contact information and practical guidance on what to document and how to protect their claims, including assistance obtaining police reports, witness statements, and trucking records. The firm handles negotiations with insurers and prepares claims for litigation when appropriate, with attention to recovering compensation for medical expenses, lost wages, and other damages. For a conversation about your accident, call 304-355-5565 to learn more about next steps and how the firm can assist in pursuing a fair resolution.

Contact Us Today to Discuss Your Claim

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FAQS

What should I do immediately after a truck accident in Hooverson Heights?

First, make sure everyone is safe and call emergency services for medical attention and police assistance, as immediate care and an official report are essential for both health and documentation. Preserve evidence by taking photos of the scene, vehicle damage, road and weather conditions, and visible injuries if you are able, and collect contact information from witnesses and other drivers. Notify your insurer but avoid detailed recorded statements until you have legal guidance, and seek medical follow-up even if symptoms seem minor, because some injuries can appear later. Keeping copies of medical reports and bills links treatment to the crash and supports any eventual claim. Second, document all treatment and expenses, including diagnoses, prescriptions, therapy sessions, and time away from work, and keep a written journal of symptoms and functional limitations to help assess non-economic impacts such as pain and daily challenges. Contacting Stephen New & Associates for an initial consultation can help you understand deadlines, evidence preservation steps, and how to proceed with insurers or opposing parties while protecting your legal rights. Early action preserves options and improves the ability to pursue full compensation when appropriate.

How long do I have to file a truck accident claim in West Virginia?

In West Virginia, the general statute of limitations for personal injury claims is a limited period from the date of the injury, and missing that deadline can bar recovery, so it is important to act promptly to protect your rights. Specific deadlines can vary based on the parties involved and any applicable federal rules when commercial vehicles or government entities are implicated, and tolling rules may apply in certain situations, so speak with a lawyer to confirm timing for your particular case. Waiting to investigate or file can result in lost evidence and a weakened claim due to faded memories or destroyed records. Timely investigation is especially important for truck accidents because crucial electronic and paper records, such as driver logs, electronic control module data, and maintenance files, may be overwritten or discarded. Consulting with an attorney early helps ensure requests for records and preservation letters are issued quickly to prevent spoliation. The firm can advise on deadlines, file protective motions if necessary, and initiate claims within the time allowed by law to preserve potential recovery.

Who can be held responsible in a truck accident?

Multiple parties may be responsible for a truck accident depending on the circumstances. Potentially liable parties include the truck driver, the trucking company that employed the driver, the vehicle owner or leasing company, cargo loaders or shippers, maintenance facilities, and parts manufacturers if a mechanical failure contributed to the crash. Determining liability involves examining driver logs, maintenance records, inspection reports, and cargo handling procedures to identify which party’s negligence or failure to follow regulations played a role in causing the collision. Liability may be shared among parties, and identifying all possible defendants early is important to ensure claims are timely and insurance coverage sources are preserved. The complexity of these claims often requires coordinated investigation to obtain employer records and electronic vehicle data, which supports identifying responsible entities and insurance policies that may provide compensation for medical bills, lost wages, and other damages.

How are truck accident damages calculated?

Damages in a truck accident claim typically include economic losses and non-economic harms, and accurate calculation requires careful documentation of expenses and impacts. Economic damages cover medical bills, rehabilitation costs, prescription medications, assistive devices, vehicle repair or replacement, and lost wages or diminished earning capacity. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. Presenting a clear record of medical treatment, receipts, and wage documentation helps quantify the economic portion, while medical opinions and personal accounts help support non-economic claims. For long-term injuries, future medical needs and expected loss of earning capacity are factored into the damages calculation through medical and vocational assessments when necessary. Life care planning, prognosis statements, and expert input may be used to estimate ongoing care costs and expected future losses, and those projections are essential to pursuing compensation that reflects the full impact of the injury on quality of life and finances.

Will my truck accident case go to trial or settle?

Many truck accident cases resolve through settlement negotiations with insurers rather than going to trial, but whether a case settles or proceeds to trial depends on the strength of the evidence, the degree of liability, the severity of injuries, and how close settlement offers come to reasonable compensation. Insurance companies often prefer to settle when liability is clear and damages are well documented, but they also may resist fair offers in complex or high-value cases. Preparing a claim with thorough documentation and readiness to litigate when necessary increases the chances of obtaining a fair settlement. If settlement negotiations do not produce a fair outcome, taking a case to court may be appropriate, and the decision to proceed should weigh the likelihood of success, potential recovery, costs, and the claimant’s preferences. Litigation can be necessary to obtain full compensation, especially when multiple liable parties are involved or insurers refuse to offer reasonable resolution. Discussing realistic outcomes and trial readiness with a lawyer helps clients make informed decisions about their cases.

What if the truck driver was working for a company when the crash happened?

When a truck driver is working for a company, the trucking employer can be held liable for negligence under principles of vicarious liability or direct liability if the company failed in hiring, supervising, or maintaining vehicles. Employers may be responsible for driver actions committed within the scope of employment, and company records such as driver qualification files, training records, and dispatch logs can be relevant to proving employer responsibility. Identifying the employer and its insurance coverage early is important to accessing appropriate sources of compensation for injuries and losses. Additionally, the company may have obligations under federal safety regulations and internal policies, and violations of those rules can support claims of negligence. Investigating employer practices, vehicle maintenance history, and safety compliance helps determine whether the company contributed to unsafe conditions that led to the crash, and those findings guide the structure of legal claims against both drivers and employers.

Can I still recover if I was partly at fault for the truck crash?

West Virginia applies comparative fault principles, meaning that if you are found partly at fault for an accident, your recovery may be reduced by your percentage of responsibility rather than being completely barred. For example, if you are assigned a portion of fault, the total compensation awarded would be decreased in proportion to your share of responsibility. Presenting evidence that limits your degree of fault and highlights the other party’s negligence can reduce the percentage assigned to you and improve your net recovery. Even if you bear some fault, you can often still recover compensation for medical expenses and other losses, and negotiating with insurers or litigating may yield a fair settlement that accounts for comparative fault. Effective documentation, witness testimony, and objective evidence such as video or vehicle data help clarify fault allocation and support a stronger claim despite partial responsibility.

How much does it cost to hire a truck accident attorney?

Many truck accident attorneys handle cases on a contingency fee basis, which means clients do not pay upfront legal fees and the attorney receives a percentage of any recovery secured through settlement or judgment. This arrangement allows people to pursue claims without immediate out-of-pocket legal costs, though clients remain responsible for case expenses such as expert reports or court filing fees unless otherwise agreed. Discussing fee arrangements and any potential costs during the initial consultation helps ensure there are no surprises and that the arrangement fits the client’s financial situation. A contingency fee aligns the attorney’s interests with the client’s because payment is tied to achieving recovery, and the percentage and expense handling should be clearly stated in the fee agreement. The firm can explain how contingency fees and expenses are handled and provide an estimate of likely costs based on the specifics of the claim and typical steps necessary to pursue fair compensation.

How do federal trucking regulations affect my claim?

Federal trucking regulations govern areas such as driver hours-of-service, vehicle maintenance, cargo securement, and driver qualifications, and violations of these rules can be strong evidence of negligence in a truck accident case. Records like electronic logging device data, driver qualification files, and inspection reports are often kept by carriers and can be subpoenaed or requested as part of an investigation. Showing that a carrier failed to comply with federal standards can support claims against both the driver and the employer for creating an unsafe condition that led to the crash. Investigators familiar with trucking operations know how to request and interpret federal compliance records, which is important because some documents may be altered or lost over time. Early preservation requests and examination of regulatory records help build a claim that reflects any systemic failures by the carrier or driver that contributed to the collision and resulting injuries.

What evidence is most important in a truck accident case?

Key evidence in a truck accident case includes the police report, photographs of the scene, vehicle damage documentation, witness statements, medical records linking treatment to the crash, and any electronic data from the truck such as electronic control module downloads or electronic logging device records. Maintenance and inspection records, cargo manifests, and driver qualification files are also important when determining how and why a crash occurred. Together, these materials help establish liability and the scope of damages by corroborating timelines and linking injuries to the collision. Securing evidence quickly is important because electronic data can be overwritten and records may be discarded, and obtaining witness contact information promptly preserves testimony that may later be harder to locate. Working with legal counsel helps ensure proper preservation requests are issued and relevant documents are obtained and analyzed to present a complete and persuasive claim to insurers or a court.

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