Road trips are a staple of summer life in the U.S. and in 2018, nearly 39% of vacations were taken by car rather than by plane or train. While everyone intends to have a great vacation and return home safe and sound, the reality is that 4.5 million people are involved in motor vehicle crashes every year. When you get in a wreck in another state, many people are not sure what to do.
If you live in Texas and get in a wreck in Texas with a Texas resident, then typically Texas courts will have jurisdiction over any legal proceedings necessary because of the location of the accident determines the venue. However, if you live in Texas but get in a wreck in another state with a party who lives in the state in which the accident occurred, then the jurisdictional issues become more complex.
Because the courts of a state must have jurisdiction over the situation before a legal matter can be handled in that state, it is important to understand how jurisdiction works. Determining the right jurisdiction can be complex when you are in a wreck in another state.
If you live in Texas and have a wreck in Oklahoma with a resident of Oklahoma, any legal action will have to be taken in Oklahoma, but, if you live in Texas and get in a wreck in Colorado with a resident of Louisiana, jurisdiction becomes more complicated. In that scenario, Colorado could have jurisdiction because that is the state in which the incident occurred, but Louisiana could also have jurisdiction because that is where the defendant resides.
In situations in which more than $75,000 is at stake and the parties are residents of different states, or if constitutional issues or federal laws are implicated, then diversity jurisdiction comes into play. This means that the case could be removed to federal court. Such cases can be extremely costly, lengthy, and time-consuming.
As discussed above, jurisdictional issues become complex in situations when a person is involved in a wreck outside of the state in which they live. The jurisdiction over a case can become extremely important because the laws of some states may be more favorable than others in terms of, for example, the fault for an accident.
Your attorney will attempt to argue for jurisdiction in the state that would be most favorable to you and will fight to get you the best results under the laws of the state that has jurisdiction over your case.
When you are involved in an out-of-state accident, you need to follow the same steps as you would if the accident happened in your home state. These include:
Did you get into an out-of-state accident in Texas? Let the legal experts at 1-800-LION-LAW help you secure the compensation you rightfully deserve. Contact us for a free case consultation. If the accident happens outside our jurisdiction, we may be able to refer you to a reputable law office.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.
