Using Florida’s Long-Arm Statute After A Tractor-Trailer Accident

When you are involved in an accident with a tractor-trailer, and you suspect that negligence played a role in the crash, it can sometimes be difficult to file suit against them if they are not based in Florida. One way to potentially overcome these difficulties involves using a law known as the long-arm statute. If you can establish that ties exist between the driver (or their employer) and Florida, jurisdiction can be established and a lawsuit can proceed.

Who Has Jurisdiction?

The majority of tractor-trailer accidents involve trucking companies that do business in many different U.S. states (and sometimes, in more than one country). This can affect what is known as jurisdiction – a court can only hear a case if it has jurisdiction over the people involved, and over the type of event that has occurred. For example, a criminal court in Georgia cannot hear a case based on tortious conduct (a tort is essentially the civil law version of a crime) in Florida.

If a tractor-trailer driver or their employer are not based in Florida, establishing jurisdiction would be difficult – but for the existence of the state’s long-arm statute. It holds explicitly that anyone who acts in certain specific ways voluntarily consents to the state having jurisdiction over them. For example, the law says that anyone who “operat[es], conduct[s] or engage[s] in” a business venture in Florida implicitly consents to Florida having jurisdiction over both them and the case in question.

‘Minimum Contacts’ Needed

In most situations, Florida’s long-arm statute establishes the fact that all drivers using Florida’s roads consent to jurisdiction of the state in any cause of action that stems from that driving. However, there are some cases in which more may be needed – primarily, you must be able to demonstrate at least “minimum contacts” with Florida in order to file suit. If the driver ‘purposefully’ made contact with the state, and their contact was intentional, this will usually be enough (though not always).

In cases involving commercial enterprises, jurisdiction can be established by showing that the tractor-trailer’s employer is engaged in “continuous and systematic” activities. Once jurisdiction has been established, the case against the driver and/or their employer may proceed in the same way any other accident case would – and if, for some reason, the driver is unable to be located or refuses service, there are other legal remedies for that.

Call A Tampa Tractor-Trailer Accident Attorney

While most of the time, jurisdiction can be assumed in accident cases, this is not always the case. Establishing jurisdiction is crucial, and the right attorney can help with it and with building a case for liability against the person who caused your injuries. Contact a Tampa tractor-trailer accident attorney at the Rinaldo Law Group to schedule a consultation; we are happy to try and assist you.

Source:

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