Today, roughly 85 percent of Texans live in the I-35/I-45 corridors. However, that’s not necessary where your wreck will occur. In the event that someone else causes an automobile accident that damages your car or injures you or one of your passengers, where can you file suit?
In Texas, the old rule is still the first rule: lex loci delecti. In English, this Latin phrase means “the law of the location of the injury,” and it refers to a simple concept: file the lawsuit in the county in which the injury occurred. Someone sideswiped you while you were travelling through Odessa on I-20? Then it may be time for your attorney to hope a flight heading for the Ector County courthouse.
Importantly, however, Texas lawmakers and jurists have recognized the limitations of the old rule. For instance, what happens if you and another Dallasite just happen to bump fenders while passing through Midland? Although Southwest Airlines might love it, the law wouldn’t make sense if it asked both of you to travel to west Texas for a lawsuit. Rather, it would make more sense for you to file in Dallas County.
Lastly, the hard reality is that in Texas many accidents – and a disproportionate number of violent, life-altering accidents – are caused by commercial vehicles, such as 18-wheelers. You should be aware that venue may be appropriate against the owner of that business vehicle in the county in which the business’s principle office is located.
Legal Commentary – Majed Nachawati – Author
Automobile accidents that occur outside of your hometown can be more difficult to resolve because of your distance from the site of the accident – and, potentially, the site of any future litigation. However, there may be ways to ease the burden of the old, sometimes onerous rule of lex loci delecti. The important thing is to know how. Fortunately, the team of attorneys at Fears | Nachawati are ready to help you.
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 firstname.lastname@example.org or by phone at 1.866.705.7584. His legal background is featured at: