I was involved in a truck accident out of state. The trucking company is in a different state. What state do I hire a lawyer in?

Question: I live in Ohio. While I was on vacation in California, my car was in an accident with an interstate moving company truck.  The driver has a Nevada license, the company he works for in New York but the truck is leased from a company in New Jersey?    How do I figure out where I need to hire an attorney?

Response:  This sort of complex licensing and ownership situation occurs quite commonly in accident litigation involving trucks engaged in interstate commerce. Although the resolution of this issue is controlled by bar admission and civil procedure rules, categorically you could hire an experienced truck accident attorney from any jurisdiction to represent you as long as s/he works in conjunction with an attorney licensed in the forum jurisdiction.  For example, let’s say that your Ohio truck accident attorney has researched the applicable statutes and decided that it would be best for you to proceed under California law rather than the law of your domicile state.  The Ohio attorney can then work in conjunction with a licensed California attorney who can give you California-specific legal advice and file a lawsuit on your behalf.  Your Ohio attorney would need to apply for pro hac vice admission to the California court for the special purpose of your litigation.

Answered by Jamilla Moore

Additional Resources: Truck Driving Accident Law Resources

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