Is It Possible To Sue An Out-Of-State Trucking Company In Florida?

Yes, you can sue an out-of-state trucking company if the accident occurred in Florida. Under state law, you can file a lawsuit if the trucking company operates business within Florida, such as running delivery routes, operating terminals, or executing transportation contracts. However, in such cases, Florida venue rules and jurisdictional requirements can complicate the legal process.

Recognized as Best Personal Injury Law Firm in Best of Orlando, our truck accident attorneys at Todd Miner Law investigate where the trucking company operates and secure truck driver logs or corporate records. Our legal team also analyzes jurisdiction and venue rules and files your case in the appropriate Florida court. Call 407-894-1480 for a free consultation with our experienced truck accident lawyers.

How Can You File a Claim Against an Out-of-State Trucking Company?

To file a claim against an out-of-state trucking company, report the accident to your insurance, and gather accident evidence (police reports, DOT numbers, photos). After that, identify if the trucking company operates business in Florida. Under the Florida Long-Arm Statute §48.193, courts can claim jurisdiction over out-of-state companies that do business, operate vehicles, or cause accidents within Florida.

Here are some additional steps you should take after an accident with an out-of-state trucking company:

• Seek medical attention and keep medical records: Medical reports and bills help document your injuries and losses.
• Notify the trucking company’s insurance provider: Informing the trucking company’s insurer ensures the accident is officially documented and begins the claims process.
• Preserve trucking evidence: Request driver hours logs, maintenance logs, and electronic logging device (ELD) data.
• Consult an accident attorney: An attorney can help determine where the claim should be filed and handle communication with insurers.

How Can Personal Jurisdiction Affect Your Accident Case?

Personal jurisdiction determines if a Florida court has the legal authority to hear a case against an out-of-state trucking company. If the court cannot establish jurisdiction, your lawsuit may be dismissed regardless of strong evidence of negligence. In such cases, you may need to file the personal injury claim in the home state where the trucking company operates regular business.

For instance, in the case of Markil Kendrix, VA Logistics, LLC, and Ryan Transportation Services, Inc., the appellate court reversed the trial court’s decision. The court found that at the time of the accident, the Georgia defendants were not performing any Florida service activities. Additionally, Ryan’s business activities in Florida were unrelated to the accident. Therefore, the court ruled that Florida did not have personal jurisdiction and instructed the trial court to dismiss the claim.

What Is the Difference Between Jurisdiction and Venue?

Jurisdiction is the legal authority of a state or federal court to hear cases, issue orders, and impose laws within a specific area. On the other hand, venue refers to the specific court or geographic location where the case is filed. Also, the venue is usually determined by practical factors, such as where the accident occurred, where the parties live, or where the defendant operates business.

Can a Florida Court Enforce a Judgment Against an Interstate Carrier?

Yes, a Florida court can enforce a judgment against an interstate carrier if it has proper jurisdiction over the carrier. Under the Full Faith and Credit Clause of the U.S. Constitution, courts in other states must recognize and honor valid judgments issued by Florida courts. Moreover, if the trucking company’s assets are located in another state, the courts can”domesticate” the judgment.

Once the judgment is enforced in the state where the company has assets, the following legal methods can help you secure court-awarded compensation:

Garnishment

A court can order the negligent trucking company’s bank to send money directly from its account to pay the compensation. The state court may also redirect payments that others owe to the company, such as payments from customers or business partners. Moreover, garnishment helps ensure you receive fair compensation even if the company does not pay the judgment voluntarily.

Property lien

A court can place a legal claim on the trucking company’s personal property, such as trucks, equipment, or real estate. This claim means the company cannot sell, transfer, or refinance that property until it pays the judgment. Because of these restrictions, many companies pay compensation to injured parties to remove the lien.

Asset seizure (legal confiscation of property)

If the trucking company still refuses to pay, the court can order the seizure of assets. In these cases, law enforcement or court officers may take property such as trucks, equipment, or other valuable assets. Then, the court can order the sale of these assets, and pay the compensation for lost wages and medical bills.

Bank Account Freeze

If the trucking company tries to move or hide funds, the court can freeze its bank accounts to prevent the transfer of money. Once the accounts are frozen, the court can direct the bank to release the funds to pay your rightful compensation.

Which Damages Can You Recover From an Out-of-State Defendant?

After an accident with an out-of-state trucking company, you can seek compensation for both economic and non-economic damages under Florida law. Economic damages cover medical expenses, property damage, lost income, and future earning capacity. Similarly, Non-economic damages compensate for pain and suffering, psychological trauma, loss of enjoyment of life, or loss of consortium.

You can also recover compensation for the following damages after an out-of-state truck accident:

• Rehabilitation and therapy costs: Expenses for physical/occupational therapy, or other rehabilitation services.
• Medical equipment and supplies: Costs for wheelchairs, braces, or other necessary medical equipment.
• Home modifications: Costs for hiring in-home care due to serious injuries like TBI or spinal injuries.
• Transportation expenses: Travel costs for medical appointments or therapy related to the accident.
• Punitive damages: Compensation awarded in cases of reckless or intentional conduct by the driver or trucking company.

How Much Compensation Can You Recover After an Out-of-State Truck Crash?

After an out-of-state truck crash, you may recover $15,000 to $500,000, depending on the severity of your injuries and the truck accident value. For example, minor personal injury cases with only medical expenses and limited property damage may settle for less than $15,000. However, severe crashes that cause permanent disabilities or wrongful death can lead to $500,000.

What Insurance Coverage Applies to Out-of-State Trucking Companies?

Under Florida law, out-of-state trucking companies must have federal motor carrier liability coverage. This insurance provides at least $750,000 for bodily injury and property damage for most interstate trucks. Similarly, according to Florida Statutes § 627.7415, commercial motor vehicles with a gross vehicle weight of 44,000 pounds or more must carry minimum liability coverage of $50,000 per person. They must also have $100,000 per crash for bodily injury $50,000 for property damage.

Here are some additional insurance coverages that may apply after a truck accident:

• Truck Liability Insurance: Covers injuries to other drivers, passengers, and pedestrians, as well as property damage.
• Physical Damage Insurance: Covers repair or replacement of the truck after collisions, fire, or theft.
• PIP (Personal Injury Protection): Registered vehicles must typically carry $10,000 in PIP.
• Excess or Umbrella Liability: Provides additional coverage above the primary policy limits, especially for catastrophic crashes.
• Medical Payments Coverage: Pays for immediate medical costs regardless of fault.
• Uninsured/Underinsured Motorist Coverage: Protects victims if the trucking company’s liability limits are too low.

What If the Truck Company Claims Florida Courts Don’t Have Jurisdiction?

If a trucking company argues that Florida courts don’t have jurisdiction, the court will carefully review whether the company has sufficient legal connections to Florida. During this review, the judge analyzes where the accident occurred and whether the trucking company operates business in Florida. If the court finds a connection between the company and Florida regulations, the case proceeds in a Florida court.

However, if the courts cannot establish the company’s connection to Florida, your case may be dismissed. In such situations, you should consult our lawyers at Todd Miner Law immediately. We will review all evidence of the company’s activities in Florida, gather delivery records, and submit evidence of the company’s business in the state. We also coordinate with out-of-state litigation courts and lawyers to help you recover the compensation for your damages. Call 407-894-1480 for skilled legal representation.

What Challenges Can You Face When Suing An Out-of-State Truck Company?

When filing a lawsuit against an out-of-state trucking company, it is extremely challenging to establish Florida’s jurisdiction over the company. You may also face venue disputes, especially if the company operates in multiple locations. Similarly, serving legal notice to a company based outside Florida can be more time-consuming and technical.

In addition, multi-state procedures often require more paperwork, coordination, and time, which can slow down the case process. Here are some additional issues you may face when seeking compensation from an out-of-state driver:

• Locating the Driver: If the at-fault driver leaves Florida quickly, tracking them can be difficult. This slows the process of verifying their insurance and sending settlement documents.
• Possible Lower Coverage Limits: If the driver’s insurance policy was issued in a state with lower liability requirements, it may not fully cover your damages without additional claims.
• Longer Discovery Process: Gathering evidence from an out-of-state company often takes longer due to multi-state compliance requirements.
• Enforcing a Judgment: Even after winning the case, you may need extra legal steps like garnishment, liens, or asset seizure to secure compensation.

How Long Does an Interstate Truck Accident Lawsuit Take to Resolve?

An interstate truck accident lawsuit typically takes between 6 months and 2 years to resolve. However, this timeline can be extended if the case involves severe injuries, wrongful death, multi-state jurisdiction issues, or disputes over liability. Gathering evidence from out-of-state companies, coordinating with insurers, and completing discovery can also extend the timeline.

Contact Todd Miner Law to File a Claim Against an Out-of-State Truck Company in Florida!

While you can recover compensation from an out-of-state trucking company, you may still face difficulty locating the at-fault driver or challenges enforcing the judgment across state lines. The trucking company might also dispute Florida’s jurisdiction or refuse to release internal company records.

With over 32 years of experience, our legal team at Todd Miner Law promptly issues subpoenas to secure driver logs, delivery records, and driver training documentation after an out-of-state truck accident. Moreover, our lawyers consult with expert witnesses, such as accident reconstruction specialists and medical professionals, to establish liability. Call 407-894-1480 or visit 15 Outer Rd, Orlando, FL 32814 for a free consultation.

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