If you need to file a lawsuit for an accident that involves drivers from multiple states, then you need to identify the correct jurisdiction for your lawsuit. The following are some of the factors that determine the correct jurisdiction and why it's such a big deal to get it right.

Determinant Factors

Here are the four most important factors that determine where to file the lawsuit.

Defendant's Residence

Auto accident laws generally allow you to sue the defendant in their resident state. Say you are a Texan touring Nevada and a Californian driver crashes into your car from behind, triggering expensive damages. You can sue the driver in California since that is their resident state.

Location of Accident

If you don't want to sue the defendant in their resident state, you can also use them in the state where the accident occurred. In the above example, you also have the option of suing the Californian driver in Nevada since that is where the accident occurred.

Nature of the Defendant

Auto accident rules differentiate between organizations/businesses and individuals. For a business defendant, you can file your lawsuit in the state where the business is incorporated or where it has substantial business. Say you are involved in an auto accident with a commercial truck whose parent company is incorporated in Minnesota but also has businesses in Iowa or Wisconsin. In this case, you can sue the company in any of the three states.

Number of Defendants

Some auto accidents involve more than one liable party. A multi-car accident is a classic example of such a situation. If the multiple defendants come from different states, you can file your lawsuit in the state where the accident occurred or in the resident state of any of the defendants. Fortunately, any of your choice jurisdictions will be able to handle cases against all the defendants.

Say an accident in Iowa involves your car and four other cars from Colorado, Kansas, Oklahoma, and Nebraska. You can sue all of the drivers in Iowa (the location of the accident) or you can choose between any of the four states and sue all of the defendants in the chosen state.

Choosing the correct jurisdiction for your auto accident case is a big deal. For one, some jurisdictions are more expensive than others due to the legal costs (high standard of living often translate to expensive services), court fees, and transport fees, among others. Secondly, auto accident laws also vary by state; for example, the statutes of limitations vary by state. Consult a personal injury lawyer to help you choose the appropriate jurisdiction.