At Stewart Miller Simmons Trial Attorneys, our Atlanta-based legal team knows all too well the devastating impact a collision with a massive 18-wheeler can have. In the blink of an eye, a truck accident can turn your whole world upside down, leaving you with severe injuries, mounting medical bills, lost income, and immense pain and suffering. If the at-fault truck driver was from another state or even another country, the legal process of seeking justice and fair compensation becomes even more complex.
Over our many years litigating serious truck wreck cases in Georgia and beyond, we have encountered the added challenges that come with holding out-of-state and foreign truckers accountable. When you are up against a big trucking company and their army of defense lawyers, you need an experienced advocate who knows how to deal with cross-border truck accident litigation. Our truck accident attorneys are here to guide Atlanta accident victims through every step of the process.
Jurisdiction and Venue Considerations
One of the first issues that arises in a cross-border truck accident case is determining where to file the lawsuit. Even if the crash occurred in Georgia, the out-of-state trucker and their employer may try to argue that the case should be heard in their home state’s courts instead. This is a tactic defendants often use to make the legal process more difficult and expensive for the plaintiff.
However, if the accident happened in Georgia, our state’s courts typically have jurisdiction over the matter. We can help you demonstrate that litigating the case in Georgia is proper and convenient for witnesses, even if the defendant is from elsewhere. If the at-fault party is from another country like Canada or Mexico, we will work to keep the case in U.S. courts and apply domestic laws.
Conflicting State or International Laws
Trucking is a heavily regulated industry, with rules governing everything from how many hours a driver can spend behind the wheel to vehicle maintenance requirements. When a truck driver crosses state or national borders, they become subject to the laws of multiple jurisdictions. This web of overlapping regulations and statutes can make it harder to prove that the trucker was negligent.
For example, the neighboring state from which the truck driver came may have different traffic laws or less stringent vehicle inspection requirements than Georgia. The driver and their employer may try to argue that they were in compliance with their home state’s standards. As your attorneys, it is our job to cut through this noise, uncover all violations of federal and Georgia law that contributed to the wreck, and hold the responsible parties fully accountable.
Obtaining Evidence from Out-of-State Defendants
Building a strong truck accident case requires gathering extensive evidence, including the driver’s logs, personnel file, the truck’s maintenance records, data from the truck’s electronic control module or “black box,” and more. Trucking companies are required to keep this documentation, but they will not hand it over voluntarily.
When a defendant is from another state, the process of obtaining this critical evidence becomes more challenging. Out-of-state companies may be uncooperative or claim that certain records do not exist. We have the resources and know-how to file subpoenas in other jurisdictions and secure the proof needed to support your case. If necessary, we can also seek a court order to inspect the truck before evidence mysteriously disappears.
Identifying All Responsible Parties
Truck accident cases become more complex as more potentially liable parties are involved. In a typical crash, the truck driver and their direct employer may be responsible. But there could be other culpable entities as well, such as:
- The owner of the trailer the truck was hauling
- The company that loaded the trailer’s cargo
- The facility that serviced or inspected the truck
- The manufacturer of a defective truck part
Naming all possible defendants from the start is important for maximizing your compensation. However, identifying these additional responsible parties can be difficult when they are based out-of-state or internationally. We have a network of experts and investigators across the country that we regularly rely on to track down all parties who may have contributed to the wreck.
Serving Process on International Defendants
If one of the potential defendants in your cross-border truck accident case is from another country, the legal procedures for serving them with notice of the lawsuit are different. For example, if the truck driver was from Canada or Mexico, international treaties may govern the service process.
In these situations, our truck accident attorneys may need to translate the legal complaint into the defendant’s native language and transmit the paperwork to the foreign government’s “Central Authority” that handles international litigation matters. This extra step can add time and expense. We are prepared to follow all necessary procedures to bring international companies into the case.
Pursuing Maximum Compensation
Truck accidents often cause catastrophic harm that leads to substantial monetary damages. However, out-of-state and foreign trucking companies rarely accept responsibility and willingly pay a fair settlement. When multiple state or international laws are involved, valuing your damages becomes more complicated as well.
At Stewart Miller Simmons Trial Attorneys, we pursue all potential avenues for recovering maximum compensation for your medical expenses, lost wages, pain and suffering, disability, and other damages. We know how to build a persuasive case and are fully prepared to face well-funded trucking companies in court. Our attorneys have the experience and tenacity needed to win full and fair compensation in complex, cross-border truck accident cases.
Wrapping It Up
After a crash with an out-of-state or foreign truck driver, you cannot afford to entrust your case to just any personal injury firm. Litigating a cross-border truck accident claim requires specific knowledge, experience, and resources. At Stewart Miller Simmons Trial Attorneys in Atlanta, we are up to the challenge.
We know the ins and outs of the trucking industry and regularly take on powerful transportation companies. Our multilingual legal team can effectively communicate with parties from other regions and countries. With us in your corner, you can have the confidence that comes with a strong, tireless advocate.
Call us today on (404) 529-3476 to schedule a consultation. Let our Atlanta legal team handle the complexities of your cross-border truck accident case while you focus on healing.