Q: Jurisdiction for legal case after semi-truck accident in Texas?

A: Barring extremely unusual circumstances, you can sue in Texas because the collision occurred here. Otherwise, you can sue the trucking company in any jurisdiction where it has “sufficient minimum contacts” such that the exercise of personal jurisdiction over it does not “offend traditional notions of fair play and substantial justice.” That is a fact-specific question. If the trucking company is incorporated in Colorado or has its principal place of business in Colorado, you almost certainly can sue it in Colorado.

A: The residence of your fiancée will not affect where the lawsuit should be filed. Texas courts will have jurisdiction over the claim because the accident occurred in Texas. The courts of the state where the trucking company is headquartered will also have jurisdiction over the claim because jurisdiction depends on the residence of the defendant. If the case is brought in Texas, the venue will be the county in which the accident occurred. If the case is brought in the state of the defendant's residence, the venue will be the county where the defendant is headquartered. One of the most important aspects of this scenario though is the statute of limitations. You are running out of time to file your lawsuit because you only have two years to file a claim. Schedule a free consultation today to ensure your fiancée's injuries are compensated to the fullest extent of the law.

A: Generally, you want to file where the accident occurred since the evidence and witnesses are there. The alternative is to file where the defendant resides. Please remember that you have 2 years to file suit from the date of injury. Most attorneys want to fully investigate a claim before filing so the closer you get to the 2-year mark, the harder it can be for you to find an interested attorney. Please seek counsel soon.

A: My colleagues have correctly and thoroughly outlined applicable jurisdiction and venue issues, pointing to Texas, based on the location of the accident, and Colorado, depending on the connections of the corporation. New Mexico is irrelevant, unless there are issues of med mal. The only thing I'd add, since your question also seeks guidance on finding counsel, is to reach out to law firms to arrange a consult. Free initial consults are the norm in such cases. You have probably already been searching - you could supplement your online efforts with the "Find a Lawyer" tab above and the attorney referral sections of local and state bar associations. Don't delay, given that a year and a half has elapsed. Regardless of your ultimate path with jurisdiction and venue, law firms everywhere will be hesitant about matters that come before them with an urgent statute of limitations looming. I hope your fiancée is okay. Good luck

A: Jurisdiction in a semi-truck accident case is critical because it determines where you can file a lawsuit and what laws will apply. Since the accident happened in Texas, that state is the most likely jurisdiction, even though your fiancée is a Colorado resident. Generally, a lawsuit should be filed in the state where the crash occurred, as Texas courts have authority over accidents on Texas highways, and key evidence—such as the police report, witnesses, and accident scene—is located there.

Another factor is where the trucking company is based or does business. If the trucking company operates in Texas, it strengthens Texas as the proper venue for legal action. However, if the company is headquartered in Colorado or does significant business there, Colorado courts may also have jurisdiction. That said, filing in Texas is often preferable because Texas trucking laws and regulations apply, which can benefit your case.

Because truck accident cases involve complex jurisdictional issues, it is important to consult an experienced attorney who can determine the best location for filing the lawsuit. Since you have not yet communicated with the insurance companies or trucking company, it is crucial to do so carefully to protect your legal rights. An experienced truck accident lawyer can help navigate the legal process, deal with insurance negotiations, and ensure the case is filed in the jurisdiction that maximizes your fiancée’s compensation.