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Federal judge keeps out-of-state semi-truck accident case in Ohio

A federal judge has ruled that the case involving two trucking companies for the wrongful death of a man and the injuries a woman suffered will remain in the Ohio court system. In the 2013 accident, a 71-year-old man was killed and his wife was seriously injured. The case was filed by the decedent's estate administrator and the woman who was injured.

On the day of the 2013 accident, a semi-truck owned by Day to Day Logistics slammed into the rear of the semi-truck owned by Schneider. The impact of the accident led the Schneider truck to jackknife. The car driven by the decedent was moving in a path that caused it to collide with the jackknifed truck.

Both trucking companies filed motions to get the case moved to Virginia, where the accident occurred. The federal judge presiding over the case denied those motions, but conceded that the case will proceed using Virginia laws. The reason for the denial was that it would place an undue hardship on the individuals who filed the case if they had to go to Virginia for the proceedings.

It was also noted that the Federal Motor Carriers Act assumes that it is possible for the trucking companies that do business nationally to defend themselves in states where they do business, but that it isn't as easy for individuals to bring lawsuits in a state other than their home state.

The judge also noted that a key witness to the accident was from Ohio and that financial considerations for the two trucking companies wasn't a concern since their insurers are covering costs.

Learning about how to seek compensation from trucking companies if you are injured in an accident with a semi-truck can be complicated. It is vital, however, that you understand the court system and how to handle a variety of situations that might come up.

Source: The Athens Messenger, "Judge keeps fatal accident case in Ohio, denies dismissal," Steve Robb, July 07, 2015

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