Hit by an Out-of-State Truck in Florida? How Your Claim Works
What You Need to Know After an out-of-state truck accident in Florida, you can usually bring your claim in a Florida court, even if the trucking company and driver are based in another state. Florida law usually applies to crashes that happen on Florida roads. Federal rules require most interstate trucking companies to carry at least $750,000 in liability insurance. You generally have 2 years to file an injury lawsuit in Florida, and the clock does not stop because the driver lives elsewhere. Photograph the USDOT number on the truck. It identifies the company responsible for the truck. Had a bad day? Call The Reyes Firm at 833-4 BAD DAY ((833) 422-3329) SCHEDULE A FREE CASE REVIEW A semi with Georgia plates hits you on I-4. The driver hands you a Texas license. The company name on the door belongs to a business you have never heard of, in a state you have never visited. Now you are hurt, your car is wrecked, and you are wondering who you can even hold responsible. An out-of-state truck accident in Florida can feel more confusing than a crash with a local driver. You may worry that you will have to travel to another state, deal with an unfamiliar insurance company, or follow another state’s laws. This guide explains how these claims usually work for people in Tampa and across Florida. You will learn where a case can be filed, which law applies, how to identify the carrier and its insurance, and the deadlines that matter most. Can I sue an out-of-state trucking company in Florida? Yes, in most cases. Florida law lets Florida courts hear claims against out-of-state people and companies when they commit a wrongful act in Florida. If a truck caused your crash on a Florida road, the driver and trucking company can generally be sued here, even if both are based somewhere else. This rule comes from Florida’s long-arm statute, Florida Statutes § 48.193. It covers anyone who commits a “tortious act” in Florida. A tortious act is a wrongful act that causes harm, such as careless driving. Three other rules help make sure an out-of-state defendant can actually be reached: Out-of-state drivers and owners. Under Florida Statutes § 48.171, a nonresident who drives in Florida, or lets a vehicle they own or control be driven here, can be served with a lawsuit through Florida’s Secretary of State. Interstate trucking companies. Federal rules in 49 CFR Part 366 require registered motor carriers to name a “process agent” in every state where they operate. A process agent accepts court papers for the company. Carriers file this on FMCSA Form BOC-3. Their insurance companies. Under 49 CFR 387.11, a carrier’s insurer must be authorized in, or name an agent for court papers in, each state where the carrier operates. For you, this usually means you don’t need to travel to Georgia, Texas, or anywhere else to pursue your claim. A Tampa truck accident lawyer can typically handle the case here. Whether a case should be filed in state or federal court, and how it might move between them, depends on the facts and requires an attorney’s review. Attorney Edward Reyes explains what happens when a driver from another state causes a crash in Florida. The same rule applies when the at-fault vehicle is an out-of-state truck. Every case is different. Whether the at-fault driver’s insurance applies, and how much it pays, depends on that driver’s policy and the facts of the crash. Read the video transcript In the beautiful state of Florida, there’s a lot of tourists that come to our state because it’s beautiful. What happens if a tourist hits you? Well, if a tourist hits you, because the accident happened in Florida, they are availed to the laws in Florida. Now, their insurance company, wherever they may be, will still cover, but it’ll be the policy of the state that they were in, not Florida’s policy. But, because the accident happened here, they’re liable here in Florida. Which state’s law applies after a crash with an out-of-state truck? Florida law usually applies when the crash happens in Florida. Florida courts use a “most significant relationship” test to decide which state’s law controls an injury claim. Under that test, the place where the injury happened is usually the deciding factor, so a crash on I-4 or I-275 is normally decided under Florida law. The Florida Supreme Court adopted this test in Bishop v. Florida Specialty Paint Co., 389 So. 2d 999 (Fla. 1980). Courts still look at each issue separately. Where the parties live, where the trip started, and where their relationship is centered can also matter. Why this matters for you: Florida’s filing deadlines generally apply. Florida’s comparative fault rules generally decide how fault is shared. Florida’s insurance rules, including your Personal Injury Protection (PIP) coverage, still apply. If the trucking company argues another state’s law should apply to part of your case, your attorney will need to review that argument closely. How do I find out who owns the truck and who insures it? Start with the truck itself. Interstate trucks must display the carrier’s name and its USDOT number on both sides of the vehicle. That number is the company’s federal ID. You can look it up in the Federal Motor Carrier Safety Administration’s public SAFER Company Snapshot to see who the registered carrier is. The marking rule comes from 49 CFR 390.21T. The letters “USDOT” must appear before the number, and it must be readable from 50 feet away. If you are able to after the crash, photograph: Both doors of the truck cab, including the company name and USDOT number The trailer and any separate company name or number on it License plates on the tractor and trailer The driver’s commercial driver’s license (CDL) The police officer’s name and the report number Be aware that the name on the door may not tell the whole story. One business may own the truck, another may operate it,









