Legal Considerations in Truck Accidents Involving Out-of-State Drivers
Truck accidents are known for the catastrophic damage they cause, from property damage and severe injuries to fatal injuries and lost cargo. It’s not uncommon for a serious truck accident to cause hundreds of thousands of dollars in damage.
The fact is that many truck drivers take interstate loads—these jobs are the most widely available and often pay better than local driving jobs. This means that if you’re involved in a truck crash, there’s a good chance that you’ll have to navigate the process with an out-of-state truck driver. Not sure what your next steps should be? Call Bailey Javins & Carter at 678-981-5370 to schedule a consultation with our team of Atlanta truck accident lawyers.
Determining Liability
One of the biggest challenges in any truck accident is figuring out liability. This can be even harder when you were hurt in a crash with an out-of-state driver. See, liability laws vary from state to state. Georgia is a modified comparative negligence state. Here, a plaintiff can still recover compensation from a personal injury case if they are partially at fault—as long as they are less than 50% to blame. In a comparative negligence state, a plaintiff can recover compensation even if they are more than 50% to blame.
In a handful of states, including Alabama, North Carolina, and Virginia, they use a contributory negligence rule. This means that if a plaintiff is at all responsible for the accident that led to their injuries, they can recover nothing in a lawsuit. While the laws of the state where the accident occurred will apply, the difference in laws across different states can complicate negotiations.
Navigating a Lawsuit with an Out-of-State Driver
It’s important to note that most truck accidents do not ultimately result in a lawsuit. Most are settled out of court, due to the enormous cost of going to court and the fact that truck companies risk paying far more than expected if they do go to court. However, should your negotiations fall flat, a lawsuit may be your only option. Lawsuits with out-of-state parties can be a logistical nightmare, from service of process and meeting the jurisdiction’s legal requirements to navigating discovery and sharing of information. However, the good news is that an experienced truck accident attorney will already anticipate these challenges and know how to navigate them.
Time is of the Essence
Regardless of where you are in the process, it’s crucial to make the most of your time and move forward with your personal injury claim. Much of the evidence in a truck accident case degrades rapidly over time. Waiting too long to catalog and analyze it could mean that it’s completely unusable for your case.
Furthermore, you should know that the trucking company likely has its own sizable legal team dedicated to accident claims. Trucking company owners are well aware of the damage a single accident can cause, and they do everything they can to limit their financial losses. You can bet that they have a legal team with substantial experience in interstate accident claims and the challenges they create and that their legal team is already on the case by the time you start deciding whether or not to hire an attorney.
Out-of-state drivers can make personal injury claims even more frustrating and stressful than they already are. This is not a legal area you want to navigate on your own, especially if you have medical bills, lost wages, and other expenses piling up. If you want a chance at fair and full compensation, it’s time to connect with a personal injury attorney that can help you with your interstate trucking accident claim.
Contact Bailey Javins & Carter to Start Your Claim
At Bailey Javins & Carter, we have substantial experience in interstate claims. Our firm has offices in multiple states, making us a natural choice for cases just like yours. Let us help you fight for the compensation you deserve. Set up a time to talk to our team now by calling us at 678-981-5370 or sending us a quick message online.
