When a commercial truck from another state causes an accident in Indiana, your claim is typically filed right here, in Indiana courts. This is because the location of the crash generally determines where you file a lawsuit, not the truck’s home state.
However, several factors make these cases more complex than a standard car accident claim. We have to consider if other state’s laws apply, deal with federal trucking regulations, and use specific legal tools to get evidence from companies that may be hundreds or thousands of miles away.
While the trucking and insurance companies have systems in place for these situations, their goal is to protect their business interests. Our role is to ensure your rights are protected under Indiana law and that you pursue the maximum compensation available.
If you have a question about an accident with an out-of-state truck, call Yosha Law for a no-obligation consultation at (317) 648-7319.
Where Will My Truck Accident Lawsuit Be Filed?
What is Jurisdiction and Why Does It Matter?
Jurisdiction is a court’s legal authority to hear a case and make a binding judgment. In personal injury cases, the court in the state where the injury occurred has jurisdiction. So, if the crash was on I-465 in Indianapolis, an Indiana court has the power to decide the case and a personal injury lawyer can help ensure your claim is filed in the proper court.
This is possible because of “long-arm statutes.” These are state laws that allow a court to have jurisdiction over an out-of-state defendant if they have sufficient connections to the state. A trucking company that operates routes through Indiana, delivering goods or just passing through, meets this requirement.
What Does “Venue” Mean for Your Claim?
While jurisdiction gives a state the power to hear a case, venue determines the specific county or geographic location where the lawsuit is filed. It’s a legal concept that simply means the most appropriate physical location for the trial.
In Indiana, the proper venue is usually the county where the accident happened or where the defendant (the trucking company) has its main office or an agent. For an out-of-state company with no office here, this almost always defaults to the county of the crash. This ensures the case is heard in a location convenient for witnesses and where evidence is located.
What About Federal Court? The Role of “Diversity Jurisdiction”
In some situations, the trucking company’s lawyers might try to move the case from an Indiana state court to a federal court. This is called diversity jurisdiction. It applies when the parties are from different states (e.g., an Indiana resident and a Texas-based company) and the amount of damages is expected to exceed $75,000.
The case would be heard in the federal court located within Indiana, such as the U.S. District Court for the Southern District of Indiana. It is a strategic move by the defense that changes the procedural rules of the case. We handle cases in both state and federal courts, so we are prepared for this possibility and understand how to proceed regardless of the court system.
Which State’s Laws Will Apply to My Case?
Once we establish where the case is filed, the next question is which set of rules will be used to decide it. An accident involving an out-of-state truck brings three layers of law into play: Indiana state law, the other state’s law, and federal law.
Indiana Law Will Govern the Core of Your Claim
Because the accident happened here, Indiana’s laws will almost always govern the most important aspects of your claim. This includes:
- Rules of the Road: The truck driver was required to follow Indiana’s traffic laws at the time of the crash. Their failure to do so is a key part of establishing negligence.
- Negligence and Liability: Indiana’s laws on negligence determine how fault is established. This includes our state’s specific rules on comparative fault, which means you may still recover damages as long as you are not found to be 51% or more at fault. Under the Indiana Comparative Fault Act, your potential compensation is reduced by your percentage of fault.
- Damages: The types of compensation available to you such as medical bills, lost income, pain and suffering, are defined by Indiana law.
When Could Another State’s Law Matter?
In some rare and complex situations, a court might apply another state’s law to a specific issue.
For example, if a question arises about the internal policies or employment relationship of the trucking company, the law of the state where it is headquartered might be considered. This is a legal question called “choice of law,” and it is something we analyze in every cross-border case.
The Supreme Layer: Federal Trucking Regulations
Interstate trucking is a heavily regulated industry. The federal government, through the Federal Motor Carrier Safety Administration (FMCSA), sets uniform safety standards for all commercial trucks operating across state lines. These rules are comprehensive and are powerful evidence in your claim.
These regulations cover nearly every aspect of trucking, including:
- Hours of Service: Strict limits on how long a driver is on the road without mandatory rest breaks to prevent fatigue.
- Maintenance and Inspections: Requirements for keeping trucks in safe working order through systematic inspection, repair, and maintenance.
- Driver Qualifications: Standards for hiring, training, and drug/alcohol testing.
- Insurance Minimums: All interstate carriers must have a minimum level of insurance coverage, which starts at $750,000 for non-hazardous cargo.
A violation of these federal rules is powerful evidence of negligence. Because of a legal principle known as federal preemption, these national safety standards override any lesser state laws, ensuring a consistent safety benchmark across the country.
Who Is Liable in an Out-of-State Trucking Accident?
Our investigation focuses on identifying every person or company whose negligence contributed to your injuries.
Potential at-fault parties include:
- The Truck Driver: The individual who was operating the vehicle. We investigate their driving history, qualifications, and whether they violated traffic laws or federal regulations like hours-of-service rules.
- The Motor Carrier (The Trucking Company): The company that owns the truck and employs the driver. Even if the company is in another state, it is held liable for its own negligence, such as:
- Negligent Hiring and Training: Did they hire a driver with a poor safety record or fail to provide proper training?
- Poor Maintenance: Did they fail to inspect and repair the truck properly according to federal standards?
- Pressuring Drivers: Did they encourage drivers to speed or violate hours-of-service rules to meet unrealistic deadlines?
- Vicarious Liability: As the employer, the company is generally responsible for the negligent actions of its driver while on the job.
- The Freight Broker or Shipper: The company that arranged for the cargo to be transported. In some cases, they may be held liable if they knowingly hired an unsafe trucking company with a history of violations.
- The Cargo Loader: If improperly loaded or secured cargo shifts during transit and causes the driver to lose control, the company that loaded the trailer could be at fault.
- The Truck or Parts Manufacturer: If the accident was caused by a mechanical failure, like faulty brakes or a tire blowout, the manufacturer of the truck or the specific defective part may be liable.
How Do We Gather Evidence from an Out-of-State Company?
A common concern is how we get evidence, like maintenance logs or the driver’s employment file, from a company that is refusing to cooperate and is located in another state. The legal system provides powerful tools for this through a process called “discovery.“
Key Tools We Use To Build Your Case
- Requests for Production of Documents: We formally demand that the out-of-state trucking company produce specific documents. This includes the driver’s qualification file, their driving record, inspection and repair records for the truck, post-crash drug and alcohol test results, and company safety manuals.
- Electronic Logging Device (ELD) Data: We specifically request the data from the truck’s Electronic Logging Device. This device automatically records driving time and proves if the driver violated federal hours-of-service rules.
- Interrogatories: These are written questions that we require the trucking company’s representatives to answer under oath. For example: “Identify all inspections performed on the vehicle in the six months prior to the crash.”
- Depositions: We require company employees, like the safety director or the driver’s supervisor, to give sworn testimony. These are conducted in Indiana or via video conference, forcing them to answer questions about their safety practices and the events leading to the crash.
- Subpoenas: If a third party in another state has relevant information, such as a repair shop or a previous employer, we issue a subpoena. This is a court order that compels them to provide documents or testimony.
Does an Out-of-State Truck Affect Insurance and Compensation?
Federal Insurance Requirements Provide a Baseline
As mentioned earlier, the FMCSA requires interstate commercial trucks to carry significant insurance coverage. For trucks hauling non-hazardous goods, the minimum is typically $750,000, and it is as high as $5 million for those hauling certain hazardous materials. This federal minimum provides a substantial source of potential recovery and is typically much higher than the insurance carried by a typical passenger vehicle.
Pursuing Full Compensation Under Indiana Law
The compensation we pursue on your behalf may include:
- Current and Future Medical Expenses: From the initial emergency room visit to ongoing rehabilitation and long-term physical therapy.
- Lost Wages and Diminished Earning Capacity: Compensation for the income you have lost and may lose in the future if you are unable to return to your previous job.
- Pain and Suffering: For the physical pain and emotional distress the accident and your injuries have caused.
- Property Damage: For the repair or replacement of your vehicle and any other personal property damaged in the crash.
The trucking company’s insurer will have a team of adjusters and lawyers working to protect their financial interests. Our job is to build a comprehensive claim, grounded in Indiana law, that documents every aspect of your damages and holds them accountable.
Frequently Asked Questions About Out-of-State Truck Accidents
How long do I have to file a truck accident claim in Indiana?
In Indiana, the statute of limitations for personal injury claims is generally two years from the date of the accident. You must speak with a truck accident attorney well before this deadline. This ensures there is enough time to conduct a thorough investigation, gather evidence from out-of-state sources, and file a truck accident lawsuit if necessary.
What if the truck driver is an independent contractor, not an employee?
Trucking companies sometimes try to avoid liability by classifying their drivers as independent contractors. However, we frequently show that the company exercised enough control over the driver, such as dictating their routes, schedules, and methods, for them to be considered an employee under the law. If this is the case, the company is still held responsible for the driver’s negligence.
The trucking company’s insurance adjuster has already called me. What should I do?
You are not obligated to provide a recorded statement, and it is generally not in your best interest to do so. These calls are designed to get you to say something that is used to argue you were at fault or that your injuries are not severe. It is best to politely decline and direct them to your attorney.
Will I have to travel to another state for my case?
It is highly unlikely. In nearly all cases, all legal proceedings, including any depositions or court appearances you might need to attend, will take place right here in Indiana. The law is designed to prevent you from having to travel to the defendant’s home state.
Your Path Forward Starts in Indiana
When you’ve been injured by a commercial truck, the company’s home state shouldn’t be a barrier to justice. We handle the entire legal process of cross-border litigation so you can focus on your health and your family.
Yosha Law regularly helps families across Indiana. We are familiar with the courts here and the challenges people face after a serious crash on our highways. We have the resources and experience to hold large, out-of-state corporations accountable under Indiana law.
For a free and confidential discussion about your situation, call us at (317) 648-7319.
