What Happens When an Out-of-State Driver Causes a Truck Accident?

Truck accident cases are frequently far more complicated than accidents involving cars, motorcycles, and other vehicles. When the driver that caused the accident or the trucking company involved is based out of state, that adds a further layer of complexity to an already challenging situation. Accident victims can have an even more difficult time recovering the compensation they need to move forward after their losses.  

Our team has decades of experience fighting for fair compensation for truck accident victims, so we’ve repeatedly seen the problems that arise when out-of-state drivers or companies are involved in a case. We can’t discuss every possible complication in a blog like this, of course, but here are a few of the challenges that frequently arise and some strategies for protecting yourself if you’ve been injured by an out-of-state driver.

Where the Accident Occurred is More Important Than Where the Vehicles are Registered

While the federal laws of our nation override state laws, in most truck accident cases, it will be the state laws that have the most significant impact on the victim’s ability to obtain compensation for injuries and other losses. The location of the accident generally determines which state’s laws will apply to the lawsuits arising from the collision. For instance, if the accident occurred on Interstate 40 between Raleigh and Durham, then the laws of North Carolina would generally govern legal claims stemming from the crash.

Even when drivers involved are all from other states, which is quite common on Interstate 95 and other major highways, if the accident occurred in North Carolina, then this state is the logical place to file a lawsuit, and the laws of this state will apply. For that reason, it is important to work with a legal team familiar with what it takes to win cases in courts in Wilmington and other cities within range of the accident site. In some cases, it may be possible to file the lawsuit in the state where the person who caused the accident resides, so it is essential to review the possibilities with an experienced truck accident attorney.

Many Aspects of a Truck Accident Claim Can Be Handled Remotely

While the attorneys involved in a truck accident lawsuit need to be licensed in and familiar with the laws of the state where the claim is filed, the plaintiff and the defendant do not need to come to that state frequently because attorneys can handle many aspects of the case on their behalf. Communication between attorneys and their clients can be managed remotely. If a lawsuit requires a deposition or goes to trial, then the parties involved will usually need to be present to testify in person, but other tasks can be handled from a distance.

State and Federal Trucking Requirements

While many factors could potentially contribute to the cause of a truck accident, one frequent cause involves failure to meet standards required by federal or state law. Trucks that are considered to be commercial motor vehicles operating in interstate commerce are required to meet standards established by the Federal Motor Carrier Safety Administration. The standards include rules for the vehicle itself as well as the operation of the truck. 

For instance, drivers are prohibited from driving too many hours without taking specified breaks. However, to meet timetables set by the companies they work for, drivers can feel obligated to violate these requirements.

In addition, the state of North Carolina has enacted numerous laws and regulations that set standards for safe truck operation. While most of these laws are directed toward commercial vehicles, some apply to personal use trucks, such as the prohibition on trucks modified with a “Carolina Squat” configuration. An attorney who regularly handles truck accident cases in North Carolina will more readily be able to determine whether a violation of state law contributed to the cause of the accident, and that can make it easier to establish liability.

Dealing with Out-of-State Drivers and Trucking Companies

Nobody wants to pay damages for the harm they cause in an accident, but trucking companies are particularly good at finding ways to avoid paying. In many cases, more than one company has a potential share in liability, and those companies may be located in different states. They may try to fight against each other as well as against the victim in a contest to test everyone’s resolve, throwing up one legal roadblock after another. As an out-of-state defendant, trucking companies have additional arguments they can use to delay proceedings. It is important to work with a personal injury lawyer who is familiar with these tactics and knows how to circumvent the problems before they get out of hand.

Finding the Cause of a Truck Accident

Even if you or a loved one suffered catastrophic injuries in a truck accident in North Carolina, you will not be able to receive compensation for your medical bills, pain, and other losses unless you are prepared to prove that someone else’s actions caused the accident that led to your injuries. You need extensive evidence to show how the irresponsible actions of the truck driver, trucking company, maintenance firm, or another person or company directly triggered the accident. 

It can be extremely difficult to focus on collecting evidence and engineering a strong case for liability while you’re dealing with serious injuries. This is where it makes sense to lean on an experienced attorney for assistance. When you start working with an injury firm right after the accident, you give your legal team the best opportunities to locate and preserve vital evidence they can use to build your case.

North Carolina is one of the few states that still follows a strict contributory negligence rule, so there is a good chance the lawyers for the defendants involved will try to use that rule against you. Your attorney needs to be prepared with the proper evidence and arguments to defeat these and other tactics used by the defense teams.

Martin & Jones Understands What it Takes to Win Truck Accident Cases

Whether or not the parties involved are based in North Carolina, if you were injured in a truck accident in North Carolina, you need to work with a knowledgeable truck accident lawyer based in this state. At Martin & Jones, we know the strategies to help truck accident victims obtain full and fair compensation for the harm they’ve experienced and the multiple ways their injuries will impact their lives in the future. 

We also have decades of experience standing up to insurance companies and corporate legal teams from all over the country, so we are prepared to uphold the rights and interests of our clients in complex situations like truck accidents involving out-of-state defendants.

If you or a loved one suffered injuries in a truck accident, we urge you to contact us as soon as possible for a free consultation where we can discuss your best options for recovery. To get started, call 800-662-1234 or reach out through our website.