If I Was Hit By A Truck Owned By A Company Located Outside Of California, Will It Complicate My Claim?
I wouldn’t say that makes your claim more complicated; it just means you will be operating under different rules and possibly a court in a different location from where you live. Just because the trucking company is located outside of California doesn’t automatically mean you can’t sue it in state court, but it does mean that you may be filing in federal court. That doesn’t change a great deal about the liability aspect, but it does change some of the procedural rules under which you will pursue the case.
Would I Be Required TO Travel Out OF State TO Pursue Such A Claim?
Generally speaking, you can file a lawsuit in two locations: where the incident occurred and where the defendant resides. If, for example, you file where the defendant resides (let’s say the defendant lives in Texas) and you file in federal court, you may be required to travel out of state for depositions and court appearances and other things like that. However, you still retain the right to file it where the incident occurred, which is also where most of the witnesses and evidence would be located. Further, it is also based on the concept that if you choose to act within the jurisdiction of a court, then you subject yourself to that court’s authority.
What Type Of Evidence Is Critical To Gather In A Trucking Accident Injury Claim?
There are federal rules and laws (as well as state rules and regulations) regarding onboard electronic data recording devices, and most trucks have them at this point. It’s critical that you contact an attorney immediately so that an attorney can send an evidence spoliation letter to preserve any onboard electronic data recording devices. Preserving this evidence is critical because the data recorder will tell you what was happening just before and during the crash, and that can provide critical evidence for who is at fault.
You also want the driver’s logs because these truckers are exceeding their driving time in many of these cases. They are not getting the rest they need, and it boils down to money for them because they’ve got to get a load to a specific location within a specific time, or they start to lose money. If they are behind schedule but are past their driving time, they’ll still push on, which can be revealed in the logs.
In addition, most trucking companies have safety handbooks about how the truckers are supposed to go about their jobs, what their initial inspection requires, and what types of things they are supposed to do to ensure the safety of everyone on the road. So, you’ll want to get your hands on those, as well, and you can usually only do that if you have an attorney and you have filed a lawsuit.
What Potential Damages Are Available In A California Trucking Accident Injury Claim?
The same damages as in any other personal injury claim are available. However, the insurance coverage may be more if you are dealing with a corporation, which may have assets above their insurance coverage to pay for any verdict. In addition, there may be some statutory violations that can carry additional penalties. Still, very few states will allow you to act as a private Attorney General for those.
Additional Information On Personal Injury Claims In California
Whether it’s a toxic tort or trucking litigation, call an attorney early. Evidence deteriorates quickly, as does a witness’s memory, so you want to act as quickly as possible so that your attorney can get the necessary evidence to be successful in your litigation.
For more information on Getting Hit by a Truck From Out of State in CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 675-2901 today.
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