Fort Worth Trucker Involved in Pennsylvania Car Crash
In the early hours of Monday morning, a Fort Worth trucker, Billy Moore, was involved in a fiery crash on a Pennsylvania backroad that allegedly occurred when the driver of a Chevrolet Monte Carlo crossed into the oncoming lane, slamming head-on into his big rig. The forceful accident caused the Monte Carlo to catch on fire. Although the driver was trapped inside the burning car, the coroner subsequently concluded that driver died on impact and that blunt force trauma, not smoke inhalation or burns, caused his death.
Initial reports indicate that the driver of the Monte Carlo was at fault for the accident and that the Fort Worth trucker, who sustained no injury, was free of any liability. Of course, with many trucker drivers undertrained and under the duress of long hours, this is often not the case.
Legal Commentary – Majed Nachawati – Author
Accidents involving drivers from different states – such as here, a Texas trucker and a Pennsylvania driver – raise two important legal questions. These questions relate to a court’s jurisdiction and the procedural and substantive rules that the court should apply.
First, procedurally, what laws will govern how the case is litigated? Because the litigants are from different states, federal court – not state court – will be the appropriate place to file a cause of action. Likewise, federal procedural law will govern things like when litigants must file actions and what kind of notice they must give. Additionally, in a situation such as two drivers who were involved in an accident in Pennsylvania, a Pennsylvania federal court (rather than a Texas federal court) is the right place to file.
Second, substantively, what state’s law – Pennsylvania or Texas – will govern the dispute? This vexing area of the law, known as choice of law, determines which set of substantive laws will apply to a conflict. The general rule, however, is that the state in which the injury occurs (Pennsylvania) will govern, rather than the substantive law of a particular disputant (Texas).
So, what’s your take away? If you’re in an accident in another state (i.e. a foreign jurisdiction), such as the truck driver in the situation discussed above, you may have complex jurisdictional issues to consider. You need a team of attorneys who understand the best way to address these issues. Fortunately, you’ll find it at Fears | Nachawati.
About the Author
Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:
http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html
