Things Drivers in California Should Know if They’ve Been Involved in an Out-of-State Car Accident

Orange County, CA—Many individuals choose to travel during the holidays, the summer months, and when they are lucky enough to get time off from work. While some prefer to travel by plane to reduce the amount of time it takes to get to their destination, others opt to take the more scenic route and drive. While traveling by car has its perks, there is also the risk that an accident could occur. And what if one does in another state?

What laws would apply and where would the driver file suit if need be? The answer depends.

If an individual is from Orange County, CA and they travel to Texas, if they were to engage in a collision while visiting in Texas, their lawsuit would likely need to be filed there. When an individual is involved in an accident in another state, they generally need to file suit in the state where the accident occurred or where the party they are suing lives.

While an individual could hire an Orange County, CA car accident lawyer to assist with their case and potentially get it moved to California, the court generally requires that the case be heard in the city where the incident transpired or where the defendant (i.e. party being sued) lives.

What are some laws that out-of-state accident victims need to be aware of?

Each state has its own laws that dictate how long a car accident victim has to sue and whether their actions bar them from recovering any damages. For instance, if someone from California was involved in a wreck in Florida and needed to file a lawsuit, they would be given more time to sue in Florida than they would if their case was heard in California.

California’s personal injury statute of limitations is currently set at two years while Florida’s is four years. Something else that needs to be considered is whether the state where the accident occurred follows comparative negligence laws or contributory negligence laws.

Comparative Negligence vs. Contributory Negligence

In states like Florida and California, drivers can still recover damages given they are entitled to them even if they are found to be partially liable for an accident. This is because these states follow comparative negligence laws. Under comparative negligence laws, individuals aren’t barred from recovering damages, but their award amount would be reduced by their percentage of fault.

Contributory negligence states, on the other hand, don’t permit an individual to sue for damages if their actions played a role in causing it to occur.

Hiring an Orange County, CA Car Accident Lawyer After an Out-of-State Accident

Individuals who are involved in out-of-state accidents usually have questions concerning their right to compensation. If an individual was recently involved in a wreck in another state and they live in California or they were visiting CA, they can contact Chudleigh Law P.C. to discuss all of their questions and concerns with a reputable Orange County car accident attorney.

Chudleigh Law P.C. can be reached at:

Laguna Beach Office

410 Broadway Street # 170

Laguna Beach, CA 92651

Phone: (949) 504-5000

Website: www.chudleighlaw.com

Irvine Office

2372 Morse Ave., Ste. 234

Irvine, CA 92614