Can I Still Sue if the Trucking Company is in Another State?
If you’ve been injured in a truck accident, you can sue a negligent trucking company, even if it is in another state. By its nature, the interstate trucking industry crosses many state lines, and out-of-state litigation is relatively common. Your case depends on the skill and ability of your legal team to prove negligence while adhering to state laws.
At Rhine Law Firm P.C., our lawyers are determined to help clients achieve their goals, pursuing compensation after suffering serious injuries while handling the complexities of an out-of-state trucking accident. We are a local law firm with a national presence and more than 30 years of legal experience. Contact us today for a free consultation.
Suing an Out-of-State Trucking Company
Despite being a relatively common legal process, suing out-of-state companies is always challenging. It’s best to utilize the experience of a truck accident lawyer from our firm. One of the most important things we do is establish the jurisdiction. Under North Caroina law, attorneys can file suit in the county where the plaintiff lives. We can also file in the federal district in North Carolina where the accident occurred. . However, in some situations, filing in the state where the company is headquartered could be more favorable.
Regardless of the jurisdiction, we ensure your case complies with state-specific laws. Here are some essential facts to keep in mind:
- Pure Comparative, Modified Comparative, and Contributory Negligence Jurisdictions: States have different laws regarding liability. For example, California is a pure comparative negligence state. State courts allow injured parties to collect damages even if they are 99% at fault for an accident. Modified Comparative Negligence states like Florida allow injured parties to recover compensation only if the plaintiff is less than 49 percent at fault. Contributory Negligence Jurisdictions, such as in North Carolina, state that the injured person cannot receive compensation if they are even 1 percent at fault for the accident. In this case, you need a legal team who will rebut defense arguments that you bear any responsibility.
- Insurance requirements: Minimum insurance requirements for commercial trucks are set at the federal level and are standard across the country. Our attorneys can help determine if the trucking company complied with applicable laws.
- Statute of limitations: This refers to the deadline for filing a lawsuit. Each state has a different statute of limitations for personal injury cases, so acting quickly is crucial. North Carolina generally provides a three-year deadline for personal injury claims and two years for wrongful death.
- Damage caps: Some states limit your compensation for certain damages, such as pain and suffering or punitive damages.
How Rhine Law Firm Can Help
At Rhine Law Firm, we are committed to pursuing justice so that you have the best chance for compensation to recover your damages and losses. We work hard to compile and gather crucial evidence, such as the following:
- Your medical records
- The official accident report from law enforcement
- Eyewitness testimony
- Testimony by expert witnesses like accident reconstructionists
- Photos from the crash scene
- Vehicle damage and debris
- Video surveillance footage or dashcam footage
- Truck “black box” data
- Traffic data from GPS and navigation services
A successful truck accident case may award you economic damages to cover your medical expenses, and lost time at work, as well as non-economic damages. These soft costs are not readily verifiable with invoices or bills and could include psychological trauma and pain and suffering.
Contact Rhine Law Firm for a Free Consultation
Don’t let an out-of-state trucking accident deter you from seeking justice. Contact us today to schedule a free consultation. We can answer your questions and assess your case. At Rhine Law Firm, trust that our team is driven to recover maximum compensation on your behalf. We know how difficult it can be when medical expenses and other bills pile up, and you’re unable to work to support your family because of your injuries.
We look forward to hearing from you. Since we work on a contingency basis, there are no upfront legal fees.
