How to Proceed When Vehicle Accidents Cross State Lines
Car, truck, and other vehicle accidents occur everyday, all around the country. While there is nothing simple about an incident like this, when accidents cross state lines, getting compensation for your injuries and for damage to your property can be complex. Frequent questions asked usually involve insurance coverage, injury compensation, and state laws. At Silverman, McDonald, & Friedman, our car accident attorneys in Seaford, Wilmington, Newark, can answer any questions that you may have regarding these situations. We serve clients throughout the state of Delaware.
Recently, there was an accident on a highway near the border of Delaware and Maryland. On the evening of April 19, 2017, a Delaware man was killed when a box truck crashed into a tractor-trailer on U.S. Route 301. Nilton Perez, a 36-year-old from Delaware, was the passenger in the box truck that was driven by his brother, Gerson Perez, a 34-year-old Delaware resident. The box truck was traveling in the southbound lane behind a tractor-trailer, driven by Neris Alvarado. The driver of the vehicle ahead of Alvarado suddenly slowed down, causing him to abruptly slam on the trailer’s brakes. Police stated that Gerson Perez may have failed to brake quickly enough and crashed into the back of the tractor-trailer. Gerson Perez was treated for injuries at the hospital, but Nilton Perez was pronounced dead at the scene.
According to Maryland State Police, this accident was the third fatal accident in Cecil County over the course of five days. This year, seven people have been killed in traffic accidents on highways in the Maryland county bordering both Delaware and Pennsylvania. These three fatal accidents all involved out-of-state drivers. Although the implications of the drivers’ residency was minimal in this case, state laws can vary dramatically from one state to the next, which can impact injured victims’ ability to seek adequate compensation for medical bills and other damages.
Considerations when seeking compensation for injuries and property damage
No matter where an accident occurs in the United States, insurance policies will usually provide coverage. Because many individuals purchase insurance at the minimum liability limit, and certain states have different limits, you may be concerned that you do not have adequate protection if an accident occurs in another state that has a higher liability limit. There are policies that include a clause to protect drivers in cases when an accident occurs out of state. If you are denied coverage, a Delaware car accident attorney can help you seek just compensation.
When filing an injury lawsuit, you must follow the laws of the state where the accident occurs. All states have authority, or jurisdiction, over all their residents, so plaintiffs file a lawsuit in the state of the defendant’s residence. You may file a lawsuit to receive compensation in accidents that result in serious injuries to you or a loved one. Procedural laws, such as statute of limitations, must always be recognized, since they vary by state.
At Silverman, McDonald & Friedman, we help people get the help they need, when they need it. Our car crash lawyers in Wilmington, Newark and Seaford assist individuals that are seeking compensation for out-of-state accidents. Please call us at 302-888-2900 or fill out our contact form to schedule your free consultation today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.