When a Trucker is From Out-of-State- Interstate 18-Wheeler Accident Claims in San Antonio, Texas

If you’ve been hurt in a commercial truck accident involving an out-of-state driver in San Antonio, Texas, you may be wondering: Which state’s laws apply? What if the driver or trucking company is based hundreds of miles away, or even in another country? Do I really need a lawyer? Will the legal process be that much harder without one?

Below, you’ll learn what often contributes to out-of-state driver accidents, how jurisdiction works in these cases, and why seeking legal support is critical. However, the San Antonio truck injury lawyers at Carabin Shaw will be the best direct resource for understanding the particularities of your case. If you’re ready to speak with someone now, our team is available 24/7 at the toll-free number 800-862-1260.

San Antonio’s roads pose unique challenges for out-of-state truck drivers, especially those unfamiliar with Texas interstates and changing highway traffic patterns. The key risks that increase the likelihood of a San Antonio 18 wheeler accident include:

• Unfamiliar roadways and traffic laws, especially on I-35
• Construction zones, which can consist of lane changes or closures that are more confusing without local knowledge
• Driver fatigue, especially for those on cross-country routes

Out-of-state drivers should be keenly aware of these risks and held accountable for neglecting them, even if unintentionally.

In most cases, the rule is simple: if the crash happened in Texas, it stays in the Texas legal system. That’s because of the long-arm statute, which allows Texas courts to claim jurisdiction over out-of-state parties who do business and cause harm in the state.

Your attorney may also recommend making a claim against the trucking company instead of or in addition to the driver. No matter who you sue, Texas laws typically apply.

Out-of-state drivers don’t change how laws apply to your case. For example, the Texas modified comparative fault rule still governs, which means you can recover damages if you were less than 51% at fault.

Likewise, Texas 18 wheeler accident attorneys can use findings of FMCSA (Federal Motor Carrier Safety Administration) violations, such as logbook errors or improper maintenance, to strengthen your negligence claim as with any other trucking accident case. These violations often show a disregard for safety and may support a finding of liability.

Unfortunately, certain elements may still be more complicated when a driver comes from out of state, such as:

• Serving legal documents to out-of-state defendants
• Dealing with foreign insurance carriers or cross-border policies
• Jurisdictional confusion for drivers and companies unfamiliar with Texas law

These obstacles make it even more important to consult a San Antonio TX truck accident attorney who understands both state and interstate trucking litigation.

Because of San Antonio’s proximity to the U.S.-Mexico border, it’s common for 18-wheeler accidents to involve drivers working for multinational companies. An attorney's knowledge of FMCSA compliance can especially benefit these cases.

For example, a company based in Mexico must carry an MSC-90 endorsement for U.S. operating authority under FMCSA. If a driver from this company causes your crash in San Antonio, and the carrier lacks proper authority or violates FMCSA safety rules, your case is even stronger.

At Carabin Shaw, we offer our services to thousands of injured Texans on a contingency-fee basis. We never exploit or betray your trust, taking only a percentage of the compensation we win on your behalf. To read about the positive experiences others have had with us, see our client reviews.

There’s no reason to hesitate to reach out for a free consultation. And there’s also no need to worry that you’ll be misunderstood or dismissed if you don’t prefer to speak in English: our bilingual staff members can discuss your case in Spanish, making sure you get the strong foundation you deserve for your 18-wheeler accident claim.

For more information:

• Texas Statutes 17
• Texas Statutes 33
• FMCSA