What Should I Do if I Was Hurt in a Crash With an Out-of-State Semi-Truck?

Semi-truck accidents are often more legally complex than passenger vehicle accidents. That’s because more parties may be liable, damages may be greater, and there are more laws and regulations governing semi-trucks than other vehicles.

Another layer of complexity is when the truck involved in the crash is from another state. Many semi-trucks make regional or even national deliveries, and that involves traveling across multiple states or even the entire country.

If you were hurt in a crash involving an out-of-state truck, the legal process may be slightly affected. Keep reading to learn how it might change, what steps you should take, and how a from Mueller, Schmidt, Mulholland & Cooling can help.

Take These Steps to Protect Your Health and Your Rights

Determining where a truck, truck driver, and truck company are based is important for the legal process. However, the steps you should take after a crash with an out-of-state truck are the same as those you should take after any crash.

They include:

• Call 911 and Seek Medical Attention: Report the accident and request medical assistance by calling 911 right away, even if injuries seem minor. A police report will document important details about the crash, while your medical report will help prove the crash caused your injuries.
• Gather Evidence at the Scene: Take photos of vehicle damage, road conditions, and any visible injuries to you or your passengers. If possible, obtain the truck’s company name as well as the truck’s license plate and DOT number.
• Get Contact Information: Collect names, phone numbers, and insurance details from the truck driver and any witnesses. This information is easiest to collect at the scene, so be sure to get it if you’re able to do so.
• Avoid Discussing Fault: Don’t admit fault or make statements that could be used against you, whether talking to the truck driver, witnesses, or responding police officers. Stick to the facts of what happened, and avoid speaking to uninvolved parties about the crash or your case.
• Report the Crash to Your Insurance: Notify your insurer about the accident right away to avoid missing their accident reporting deadline, which may be as short as 24 hours. Be cautious if a trucking company insurance representative contacts you. They may try to minimize your claim.
• Consult a Truck Accident Lawyer: An attorney familiar with Iowa and Nebraska trucking laws can help you determine liability, assess your damages, and pursue compensation for your medical bills, lost wages, and pain and suffering.

How Does the Legal Process Change if the Truck is From Another State?

When a truck from another state is involved in an accident in Iowa or Nebraska, the legal process becomes more complex due to differences in state laws, insurance policies, and jurisdictional issues. Here’s how these factors can affect your case:

• Jurisdiction and Venue Considerations: Determining where to file your claim can be complicated. While the accident may have occurred in Iowa or Nebraska, the trucking company may be based in another state, which can impact where a lawsuit must be filed. Our truck accident attorneys can help determine the appropriate jurisdiction to start your claim against the at-fault parties.
• Different State Laws and Liability Rules: Trucking regulations vary by state, and an out-of-state truck may be subject to different liability standards. Understanding these differences is important when proving fault and pursuing compensation.
• Insurance Complications: Many commercial trucking companies have insurance policies that cross state lines, but coverage limits and claims handling can vary. Dealing with an out-of-state insurer can make negotiations more difficult, especially if you don’t have an experienced lawyer on your side.
• Federal Trucking Regulations: Since commercial trucks often operate across state lines, they must comply with federal laws enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations, such as Hours of Service (HOS) rules and maintenance requirements, often play an important role in proving negligence, as FMCSA violations are common.
• Potential Delays in Legal Proceedings: When multiple states are involved in a truck accident claim, gathering evidence, serving legal documents, and coordinating with witnesses can take longer. These delays can impact the timeline of your case.

Contact Mueller, Schmidt, Mulholland & Cooling for a Free Consultation

Trucking companies and all the insurance companies that might represent a single truck can make life difficult for truck accident victims. And when trucks involved in accidents are from out of state, those same insurers often try to use legal loopholes and complexities to obscure their clients’ liability and reduce or deny victims the settlements they deserve.

At Mueller, Schmidt, Mulholland & Cooling, we don’t let the additional complexity of out-of-state trucks hurt our clients’ chances of getting maximum compensation. In addition to all Iowa and Nebraska traffic and trucking laws, we’re also familiar with all national trucking laws, including those enforced and governed by the FMCSA.

Let our team put our experience and knowledge to work for you. Contact us today for a free consultation to learn how we can help.