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 an out-of-state wreck 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 an out-of-state wreck 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 an out-of-state wreck.
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. This means the Oklahoma statute of limitations for personal injury would apply, as well as other laws specific to Oklahoma.
The laws and regulations related to motor vehicle accidents vary quite widely. Some things your attorney would need to consider related to an out-of-state wreck are variations in:
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 wreck, 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.
Most car insurance policies provide coverage across all U.S. states, but it’s important to review your specific policy to understand its terms. Your insurance typically adjusts to comply with the minimum coverage requirements of the state where the accident occurred. Contact your insurance company as soon as possible after the incident to notify them and begin the claims process.
Hiring an attorney from the state where the accident happened can often be beneficial because they are more familiar with local laws and court systems. However, obtaining medical treatment on a deferred payment agreement basis may be difficult if the out-of-state attorney does not have provider relationships in your home state. You can initially consult with an attorney from your home state, who may refer you to a trusted out-of-state attorney, or they may work on your case together.
Handling medical expenses from an out-of-state accident can be complex due to the differences in state laws regarding hospital liens, the collateral source rule, and other related regulations.
Hospital lien statutes vary significantly from one state to another. Some states allow hospitals to place a lien on any recovery you receive from a personal injury claim, prioritizing their payment over other obligations. Such is the case with the Texas hospital lien statute, which can impact how your medical bills are handled during the settlement process.
Additionally, the collateral source rule differs by state and can play a major role in your case. Some states follow this rule, which prevents evidence of other compensation – such as health insurance or third-party payments – from reducing the damages owed to you by the at-fault party. Other states may not adhere to this rule, potentially leaving you responsible for a larger portion of your medical expenses.
Minimum auto insurance requirements vary significantly from state to state, reflecting differing legislative priorities and risk assessments. Most states mandate liability insurance to cover damages or injuries caused to others, but the required minimum coverage limits can range widely.
For example, some states may only require $10,000 per person for bodily injury, while others mandate coverage of $50,000 or more. Additionally, certain states require additional coverage types, such as uninsured/underinsured motorist protection or personal injury protection (PIP), while others leave these options as voluntary.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
