By Dan Noll on August 26th, 2024 in Articles, Car Accident
Springfield Car Accident Lawyers Explain What to Do and What Happens if You Get Into an Accident in Another State
Special rules apply when an individual is injured in a motor vehicle accident that occurs outside of their home state. Unfortunately, this scenario is all too common. Each year in the United States over 1.3 million people are injured and another 43,230 people are killed in traffic accidents. Although the majority of these victims are in their home state, many will be injured while traveling for vacation, work, school/training, or recreation. Even though a car accident causing personal injuries may result in clear liability against a defendant and obvious damages for a victim, there are other laws that govern where a victim can recover compensation. Many of these laws are actually not written down in statutes, but are a product of decisional law written by courts. Thus, what happens if you get into an accident in another state is tricky and often complicated for a victim to determine without the help of an experienced car accident lawyer in Springfield, Illinois.
At the Noll Law Office, their experienced and compassionate legal team can help you determine how to recover compensation for your personal injuries occurring in another state. The rules associated with recovering personal injuries in another state are complicated, and require skilled lawyers to assess all of the applicable laws – including the laws of other states. Therefore, if you or a loved one were seriously injured, or if a loved one was wrongfully killed, in any type of personal injury accident occurring in Illinois or outside of Illinois, contact the Noll Law Offices to learn more about your rights to compensation. They offer free consultation and case evaluations, with no obligation to sign up.
Steps to Take After a Car Accident in Another State
If you have been involved in a car accident in another state, the steps that you will take immediately after a crash will be similar to what you would do in Illinois. For example, the car accident lawyers in Springfield recommend the following steps:
- Call 911 – if someone was injured, or even possibly injured, or if there is damage to your vehicle, call 911 to get first responders to come to the scene of the accident and investigate, collect information, issue tickets, and otherwise create an official report
- Take photographs or videos – if you are able to after a crash, make sure to take photographs, videos, or other images of the accident scene, impact points of the vehicles, injuries, signage, roadway debris, and other relevant parts of the crash, including the behavior of another driver who may be intoxicated or impaired (as long as it is safe to do so)
- Get evaluated by EMS – allow EMS to evaluate you at the scene, and never refuse attention. Not only does this help to preserve your claim, but it also helps to create a record of your injuries.
- Go to the hospital and follow doctor orders – if it is recommended that you go to the hospital, go. Do not play hero. Every injury that you may have sustained should be fully and truthfully reported, and you should get evaluated by doctors and comply with all of their orders.
- Collect the other driver’s information – if you are able to do so, collect the other driver’s information just like normal, including their name, address, phone number, insurance information, and other relevant information.
- Collect witness information and note where there may be cameras – if you are able to do so, also collect the information of potential witnesses and look for other doorbell cameras or exterior surveillance cameras that may have captured the accident.
Contact Insurance to File a Claim
Once you have left the scene, another important step is to put the insurance company on notice of the crash. Generally, this is required to be done as soon as practicable after an accident. If you wait too long, an insurance company could even deny coverage. But when you start to make a claim, the insurance adjuster may start to ask questions that could undermine your claim and lower your recovery – even if it is your own insurance carrier. As a result, it is often best that you hire an experienced car accident lawyer in Springfield to help you with giving notice to any insurance company.
What is more complicated is that Illinois is an “at-fault” auto insurance state. Which means that you would file a claim against the at-fault driver’s insurance right away. However, neighboring Kentucky and nearby Michigan, Minnesota, and Kansas are no-fault states, meaning that each driver would turn first to their insurance carrier before going after the no-fault driver. There are also other no-fault states, including major vacation, work, education, or entertainment states like Florida, New York, and New Jersey, as well as Pennsylvania, North Dakota, Utah, Massachusetts, and Hawaii.
Motor vehicle accidents that occur in a no-fault state can add a layer of complexity for victims who are hurt there but have an at-fault policy. This issue is something that should be handled by an experienced car accident lawyer in Springfield.
Venue and Choice of Law: Where and What Happens if You Get into an Accident in Another State?
If a case cannot be handled through insurance, the next issue is where to pursue a legal cause of action. This is both an issue involving venue (the location of the lawsuit) and a choice of law (what state and what laws apply). Because personal injury cases are considered a “tort” case, meaning a civil wrong, the rules governing the choice of law usually dictate that a case must be brought in the state where the accident occurred. Thus, an Illinois driver who is injured in Kentucky must bring a lawsuit in Kentucky. That also means different rules may apply because Kentucky is a no-fault state, thus there may be “serious injury” laws that dictate when and if a victim can commence a lawsuit there.
The venue, or location of the lawsuit, is usually going to be the county of the accident, the county where either party lives (if they are from Kentucky), or another location that is highly relevant in determining the matter. Venue laws also depend on state laws, and can differ from state-to-state.
What Happens if My Lawyer of Choice Isn’t From the State of the Accident?
If you live in Illinois and are hurt in another state, such as Kentucky, you will likely need to bring a lawsuit there. You will also likely need to have a lawyer who is licensed in Kentucky, and not just one who is licensed in Illinois. However, there is a type of application called “pro hac vice” where a lawyer from one state can associate with a lawyer in the accident state and seek to be admitted “for this matter only” (which is what pro hac vice stands for). Because of this, you may be able to have your lawyer of choice represent you for your out-of-state car accident.
Still Not Sure What Happens if You Get into an Accident in Another State? Ask the Noll Law Office for Help Today
After a motor vehicle accident in another state that has caused you serious personal injuries or the wrongful death of a loved one, call the Noll Law Office to learn more about what happens if you get into an accident in another state. Their compassionate and experienced car accident lawyers in Springfield can help you and your family learn more about your rights to compensation under the law. To get started, call to schedule your free consultation by dialing by dialing (217) 414-8889 or by emailing them today.