How Out-of-State Laws Could Impact McKinney Motorcycle Accidents
If you are involved in a motorcycle wreck while visiting Texas, you may have questions about whether the laws of your home state have any bearing on an ensuing civil case. This may indeed be the case, but only under specific circumstances, and with a few key legal caveats.
If your case ends up involving complex legal decisions like this, going without representation from an experienced lawyer could be detrimental to your chances of success. To better protect your future, consider talking to a lawyer about how out-of-state laws could impact your McKinney motorcycle accident.
Choice of Law Between States
Choice of law issues can occur when there are actions that can be brought in multiple states. It depends on whether the law is considered a substantive or procedural law, and that line is not clear.
One of the first things lawyers learn in law school is a doctrine called the Erie doctrine, which is about which state laws apply in which situations. When there are people from different states, a tort may be in a third state, and the case may even be tried in a different state. Sometimes, the jurisdiction and venue options are different.
There are specific occasions that different state laws will apply. Most traffic laws are considered substantive laws, and that means the law of the place where the injury occurred is going to probably control the case.
There are other situations in which this is considered procedural and not substantive, though. When different laws are considered procedural, the procedures of the state in which the motorcycle case is tried will hold precedence over the procedures of Texas, even if that would result in a radically different verdict.
Role of the Attorney in Out-of-State Motorcycle Cases
It is incumbent upon the lawyer to evaluate various potential circumstances before they file a motorbike injury lawsuit, including what laws could apply and how that could affect the parties. For example, in a recent case in Texas, Virginia law was applied to the case, and it made an enormous difference in the outcome.
In this case, there was a parent who was injured very badly but not killed. Since the law in Virginia was much more favorable to her children, a claim could be made not just on behalf of the mother but on behalf of the kids, even though she survived. In Texas, that claim would not be viable, but in Virginia, it was, and it made a seven-figure difference in the result.
That is the difference between getting somebody who is a true personal injury specialist and somebody who practices law and does personal injury on the side. When a motorcyclist suffers catastrophic harm, if they have multiple choices to make regarding where they might be able to file the case, they need somebody who can figure out which law is going to apply, what is going to be more favorable, and what the best choice possible for their claim is.
Discuss the Impacts of Out-of-State Laws in a McKinney Motorbike Accident Case
Depending on the specific circumstances of your case, you may have multiple options about what state to file a civil claim in, and those different options could lead to completely different outcomes. To ensure you are making the best choice for your situation, your best choice is likely to contact a McKinney lawyer who is knowledgeable about how out-of-state laws could impact your motorcycle accident case. Call today to find out more.