Drivers From Ontario, Upland, and Rancho Cucamonga Hurt in New Mexico Trucking Accidents Have Options Where to Commence an Action
The trucking industry is one of the largest interstate businesses in the United States. It is one of if not the most dangerous one as well. Many truck drivers are seriously injured or killed each year in serious trucking wrecks This is because driving can be very dangerous, especially on fast interstates and in large commercial trucks such as big rigs, tankers, flatbeds, tandem trailers, and other large trucks. Given this danger and the vast travel throughout the United States, it is likely that there may be a trucking crash in a state other than the state of the truck driver.
But what happens when a California trucker from Ontario, CA, Upland, CA, Rancho Cucamonga, CA, or another out-of-state driver gets in a New Mexico trucking crash?
Where can an out-of-state truck driver sue for injuries caused by a New Mexico trucking accident?
Can I choose where to commence a personal injury lawsuit?
These are common questions that many injured truck drivers ask when they are seriously injured or harmed in New Mexico trucking accidents caused by the negligence of another driver. Here at the Mark Caruso, our experienced New Mexico trucking accident attorney handle many big rig crashes and trailer collisions involving serious or fatal injuries. Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.
Where Can an Out-of-State Driver Sue After a Serious Trucking Crash?
If you are an out-of-state driver and injured in New Mexico, you can sue in New Mexico. This is established by both statutory (legislature-made law) and in the common law (judge-made law). The major concept is known as “jurisdiction.” There are different types of jurisdiction in the context of law. Jurisdiction is merely the power of the court to hear a particularly matter.
The most important type of jurisdiction to be aware of is personal jurisdiction, or the power of the court to hear a matter involving a certain person. It is the power of the court over the person. This type of jurisdiction is when that person avails himself or herself to the jurisdiction, meaning he or she brings himself or herself to the state.
If a person comes to New Mexico to transact business, live in New Mexico, or is even just driving through New Mexico, he or she will have been said to be within the State’s personal jurisdiction if there is a trucking crash in New Mexico. Meaning, by virtue of causing a trucking collision in New Mexico, the defendant will typically be found to have availed himself or herself to the personal jurisdiction of a New Mexico court. This means the victim of a New Mexico trucking accident who lives in Ontario, Upland, or Rancho Cucamonga can sue in New Mexico.
Businesses can also avail itself to New Mexico by transacting business in New Mexico, registering with the New Mexico secretary of state, or owning property, offices, or brick-and-mortar stores in New Mexico.
An out-of-state driver may also be able to commence a lawsuit in his or her home state if the defendant also has some presence in that state. Meaning, if the defendant avails himself to the victim’s home state, the victim can also commence an action there.
Call the Mark Caruso if you Live Out-of-State and are Hurt in a New Mexico Trucking Accident
If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.