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.

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Mary Thompson
20:51 25 Feb 20
From the very first meeting with the McCraw Law Group we were treated with respect and care. They were so helpful is... trying to speed things up. We all know that when you have a lawsuit against some one there will be problems. This group of lawyers were very attentive and knew how to get what we needed. I will call them again if anything comes up that I need a more
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McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
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12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your more
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Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to more
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Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else more
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McKinney Motorcycle Laws for Out-of-State Visitors