What Happens if I Was Involved in a California Accident with an Out-of-State Truck Driver?
If you were injured on a California roadway as a result of a negligent truck driver, your case will be decided in California, using California law to determine all damages you are entitled to recover. It does not matter whether the owner or driver of the truck resided outside of the state. The court hearing your case may be either the Superior Court for the State of California or a California federal court, depending on the specific facts of your case. The distinction can be significant.
If you have been in a truck accident in California, call Heiting & Irwin at (951) 682-6400 to schedule a free initial consultation with a Riverside truck accident lawyer or visit us online.
Will my Case be Heard in the California Superior Court or a California Federal Court?
The California Superior Court has jurisdiction in all accident cases that occur in the state, meaning that any truck accident that occurs in California may be filed with that court. However, if the owner of the truck and its driver are both out-of-state residents, the case has a possible expected value in excess of $75,000, the injured person is a California resident and there is no other California resident that can be properly named as a defendant, the driver and/or owner of the truck may petition a California federal court to place the case under its jurisdiction.
Federal courts have differing rules as to numbers of jurors required to find for the plaintiff for him/her to win. In closely contested liability cases, the federal court’s verdict requirements may affect settlement discussions and presentation of the case. Injured parties should get experienced counsel (in state and federal courts) to represent them; firms such as Heiting & Irwin.
If a verdict is not arrived at by the jurors, the judge will declare a mistrial and the case may be retried.
You Can Always File a Lawsuit in California When the Accident Happened Here
If you have been injured in a truck accident, you may be entitled to substantial financial compensation for your damages. This principle holds true regardless of whether the trucking company was domiciled in California or not.
The good news is that if you are a California resident who has been injured in a truck accident that occurred on this state’s roads, you do not have to go out of state to file a lawsuit. It does not matter where the trucking company is domiciled. Even if you did not live in California at the time of the accident, California has jurisdiction over your claim. If, for some reason, you filed your case in another state, your claim would still be decided using California law because the incident happened here.
A decision to file in state – or in federal – court can have consequences – either detrimental or very advantageous. Your lawyer should know which will benefit you most.
Why You Want to File Your Truck Accident Case in California
California courts may have a stronger damages framework that can result in you recovering more money for your truck accident injuries. While some states impose an arbitrary cap on the damages an injured person can recover in a truck accident, or other personal injury case, there are no such caps on damages in California. This means that you are entitled to recover all of your damages caused by the accident!
Determining where to file a lawsuit (not just the state, but the exact court that is located in California) is something that a truck accident attorney must consider and decide. The choice made can make a critical difference, both in terms of convenience and the overall result in your case.
Contact a Riverside Truck Accident Law Firm Today
Do you need legal advice after being injured in a truck accident? Speak to Riverside truck accident lawyers at Heiting & Irwin to learn more about the legal process and whether you are eligible for money for your injuries. You can reach a Riverside truck accident attorney by filling out an online contact form or by calling us today at (951) 682-6400.
