Can I File a Truck Accident Claim If the Accident Occurred Out of State?
If you are in a truck accident, you can file a claim against those at fault, but you must do so as required under the law. You can file a truck accident claim if the accident occurred out of state by filing it in the state where the accident occurred, or in some cases, in the state where the driver lives. It’s very important for victims to know which strategy is best suited for their needs.
Because these cases and claims can be confusing, it is always wise to work with a truck accident lawyer to support you in recovering fair compensation.
You Have Two Options When Filing a Truck Accident Claim
The first step in this process is to determine what your rights are. If you are in an accident caused by a truck driver, you have the right to pursue compensation against that driver if you can show they were negligent. Then, you have to choose which of the following two strategies to pursue:
- You can file a claim and lawsuit in the state where the accident occurred. If you’re driving on a cross-country trip, filing a lawsuit against the at-fault party in the state where the accident happened is a common strategy. It can be a bit more challenging because you may not live there. However, the police reports and documentation are likely available because the incident occurred within the state.
- You may decide to file a claim against the truck driver in the state where they operate and live. If they are from out of state and cause an accident in your home state, you do not have to go to the other state to file a claim. However, you can pursue a claim in the state where the at-fault party lives.
Choosing the right jurisdiction requires evaluating key evidence, local court rules, and insurance limits. Consulting an experienced truck accident attorney in Chicago or wherever your accident occurred can help ensure you choose the best legal path for your case.
Determine Which Laws Apply to Your Truck Accident Case
Regardless of where the lawsuit is filed, the claim itself and your rights depend on where the accident took place. The laws in that state apply to the accident. That is an important factor in determining your rights under the law.
Auto insurance laws are state-level decisions. There is no universal factor that applies across all states. Some states operate as no-fault states, which means it does not matter who is at fault; the driver files a claim with their own insurance company. Other states operate as fault-based states, meaning you file a claim for your losses against the driver who causes the accident. This can play a role in what your rights are in the accident.
In addition, some states follow comparative negligence while others follow a contributory negligence process. In Illinois, for example, a state that follows a modified comparative negligence system, you can file a claim against the truck driver as long as you are 50% or less at fault. If you are responsible for 51% or more, you are barred from filing a claim at all. Other states bar those at fault even at just 1%. Some states allow you to file a claim even if you are 99% at fault.
Working with a knowledgeable truck accident attorney allows them to properly evaluate how state fault thresholds will impact your financial recovery.
Let a Chicago Truck Accident Lawyer Help You Navigate Your Rights
Hire a truck accident attorney to help you determine the best course of action to file a truck accident claim if the accident occurs out of state. That’s the best way to protect your rights.
If you’re an out-of-state driver who got into a truck accident in Chicago, contact a Chicago truck accident lawyer from Taxman, Pollock & Bekkerman at (312) 586-1700 to schedule a free case review.