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The Law & You

The Insurance Company is Blaming the Victim for the Accident. Now What?

The Law & You
December 13, 2017

The Law and You

The Insurance Company is Blaming the Victim for the Accident. Now What?

While driving on I-80, a tractor-trailer lost control and jackknifed. The viewer’s aunt crashed into the truck and was injured. The trucking company says it’s her fault because she didn’t stop. Is the insurance carrier right?

Dave Kuharchik: On”The Law & You,” we’re talking about an accident on Interstate 80. Unfortunately, it happens a lot these days. The guys that talk about it are attorneys Greg Fellerman and Ed Ciarimboli for ‘The Law & You.” Good to see you guys.

Ed Ciarimboli: How do you know if it’s a day of the week? There’s an accident on 80 or 81.

Dave: Pretty much. At any day. It’s kind of sad because it does happen so often. We’ll get to this scenario from Kim in Danville. Kim says, “My aunt recently was injured in a car accident on route 80 going to state college. The tractor trailer in front of her lost control and jackknifed. She collided with the trailer and was injured. The truck’s insurance company says it is her fault because she could have stopped. Is that right?” Ed, if I remember, trucks are not supposed to jackknife.

Ed: That’s right, they’re not supposed to jackknife. A truck jackknifing is a result of driver error. It happens- you didn’t tell us about the weather conditions but typically jackknife’s occur when the weather is bad and they occur because there’s a loss of traction. The reason there’s a loss of traction is because of either they’re over acceleration or over braking, both of which are driver error. Now, you not being able to control your vehicle before striking the tractor trailer, there is going to be contributory or comparative fault. The trucking company is wrong on this one.

Greg Fellerman: They can jackknife in rain, excessive speed, and, as we see all the time in the winter right now,during snowy and icy conditions. A jackknife is a fairly common thing on Route 80. If it happens, obviously, you’ve got to be diligent, you’ve got to be paying attention to the road conditions. I think, Ed, you may be right. You may have some comparative fault, but at the end of the day I think that’s a case we can win.

Ed: Absolutely.

Dave: These guys can certainly take care of tractor trailer accidents cases. You could give them a call, online, check them out at, of course, their office, and results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys, thanks so much.

Ed: Thanks Dave

Greg: Thank you

Dave: and “The Law & You” hotline are there for you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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