Choice Of Law In Florida Tractor-Trailer Accident Cases

When a person is involved in a tractor-trailer accident in Florida, it is more likely that their injuries are severe than those sustained in a standard car accident. If they believe that negligence played a role in the crash, they can decide to seek compensation in court by filing suit against those they believe were negligent. One factor that is often overlooked, however, is the potential issue of jurisdiction – depending on the specific facts of the case, an injured plaintiff may have the right to move the case to another court.

Jurisdiction Matters

In the U.S., there are two types of jurisdiction, and a court must have both in order to hear a certain case. The first type is subject matter jurisdiction, which is somewhat self-explanatory – it means that the court must have the right to hear cases dealing with a certain subject or area of law. For example, the Family Court division of the Hillsborough County Circuit Court would not handle a trial for murder. The second type is known as personal jurisdiction, which means the court must have the right to subject the parties to its rulings.

One might think that if a person does not reside in Florida, they are not subject to the jurisdiction of Florida courts. In reality, if a person has sufficient minimum contacts with Florida – for example, a tractor-trailer driver routinely making deliveries, or a trucking company sending their employees to do business in the state – they will generally be subject to the rulings of Florida’s courts. Thus, a person who has been injured in a crash with an out-of-state tractor-trailer may file suit in a Florida court, regardless of the defendant’s origin.

Where To File?

Most tractor-trailer accidents in Florida are handled in state courts, usually those either near the victim’s residence or near the place where the accident occurred. However, there are less common scenarios where sometimes, it may be a better option to file your lawsuit in federal court. The most common reason to file in federal court is known as diversity jurisdiction, and this occurs when (1) the amount in controversy is $75,000 or more; and (2) no plaintiff and defendant are ‘domiciled in the same state.’

It is not strictly required that a person file a diversity jurisdiction lawsuit in federal court, but if they do not, the defendant has the option to petition to send it there – thus, many plaintiffs simply skip the middle step, so to speak. In general, if a person does choose to file their suit in federal court, there are both advantages and disadvantages to doing so – but only they can know what is right for them and their family. The right attorney can help illuminate a family’s best options in the aftermath of a serious accident.

Contact A Tampa Tractor-Trailer Accident Attorney

If you have been involved in a tractor-trailer accident in Florida, and are considering filing suit against a trucking company, a Tampa truck accident attorney can help. The Rinaldo Law Group is ready to try and assist you with your case, from jurisdiction to compensation – call our office today to schedule a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/Sections/0048.193.html