The Legal Challenges of Multistate Truck Accidents

There’s something uniquely disorienting about a crash involving a massive 18-wheeler. Add in the twist of the truck driver being from another state, or the company based across state lines, and suddenly you’re not just dealing with injuries — you’re navigating a legal maze that doesn’t have clear signposts.

Truck accidents aren’t uncommon. According to the NHTSA, there were 5,472 people killed in crashes involving large trucks in the United States in 2023 (the most recent year of statistics). Over 153,000 people were injured in 18-wheeler accidents that year.

If you’ve been in a multistate truck accident in Washington or Oregon, this post is for you.

When state lines get blurred

Truck accidents are already complex. You’ve got commercial insurance, federal regulations, and sometimes catastrophic injuries. But when the crash involves parties from multiple states (say, you live in Washington, the driver is from Idaho, and the trucking company’s based in Texas), the legalities become even trickier.

That’s because each state has its own laws when it comes to negligence, insurance coverage, liability, and time limits to file a claim. And depending on where the lawsuit is filed, those laws could have a major impact on your case.

Jurisdiction: where do you even file?

One of the first hurdles is figuring out where the lawsuit should be filed. This is called jurisdiction. In multistate accidents, you might be able to file in:

• The state where the crash occurred
• The state where you live (if the defendant has sufficient connections)
• The state where the trucking company is based
• Federal court, if the parties are from different states and the damages exceed $75,000

Each option comes with pros and cons. State courts may favor local residents a bit more, but they can often be slow. Federal courts have their own rules and can sometimes move cases along faster. This is where an experienced truck accident lawyer makes a world of difference. They’ll know which venue gives your case the strongest footing.

Conflict of laws: which rules apply?

Let’s say you file your case in Washington, but the trucking company is based in Oregon, and their insurance policy was written under Texas law. Now you’re dealing with what lawyers call a conflict of laws issue.

For example:

• Washington is a comparative fault state, meaning you can still recover damages even if you were partly at fault, as long as you weren’t 100% responsible.
• Some states have caps on certain types of damages, although Washington does not.
• The statute of limitations (how long you have to file a claim) varies from state to state.

So, whose rules govern your case? It depends on a lot of factors: where the crash happened, where the parties are based, and what agreements are in place (like insurance contracts). Again, this is where your legal team earns its keep.

Who’s actually liable?

In a multistate truck accident, the list of potentially responsible parties gets long fast:

• The truck driver
• The trucking company
• A third-party maintenance crew
• The manufacturer of a defective part
• A broker or shipper who scheduled the route
• The local government, if poor road conditions played a role

Each of these parties might be in a different state. And each may be subject to different laws about how liability is determined. That’s why it’s crucial to begin the investigation early. Evidence can disappear quickly, especially when trucking companies have entire teams trained to limit their liability from day one.

The federal overlay: FMCSA rules

Now, throw in federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets rules on everything from driver hours to drug testing to truck maintenance. These rules apply no matter which state the driver or company is from.

So, if the trucker violated federal safety rules (maybe they skipped a rest break or exceeded the allowed number of hours behind the wheel), that could be a big factor in your case. However, proving those violations requires access to driving logs, GPS data, and sometimes the black box from the truck itself. It’s technical, it’s time-sensitive, and it’s not something you want to try to manage on your own.

Insurance complications

In a standard car crash, insurance coverage is usually pretty straightforward. But with trucks, especially across state lines, you’re likely dealing with:

• Multiple policies (driver, company, cargo)
• Excess or umbrella coverage
• Self-insured trucking companies
• Out-of-state policies that may have different rules or limits

Washington and Oregon both require insurers to act in good faith, but enforcement can get messy when the policy is based elsewhere. You might hit roadblocks trying to get full compensation, especially for things like future medical care, lost earning capacity, or pain and suffering.

What you can do right now

If you’ve been injured in a multistate truck accident, the most important thing you can do is act quickly and get professional help. Here’s what we recommend:

• Seek medical attention – Even if you feel “mostly okay.” Adrenaline masks pain, and some injuries (especially head or internal injuries) take time to show up.
• Document everything – Photos, witness names, the police report, your own account of what happened.
• Don’t talk to the trucking company’s insurer alone – They are not your friend. They’re trained to protect their bottom line.
• Call a truck accident lawyer who handles multistate cases – This is not a DIY situation. You need someone who understands both state and federal law and can cut through the noise.

Why Philbrook Law?

We’ve helped clients across Washington and Oregon hold trucking companies accountable, no matter where they’re based. We know how to navigate the legal patchwork that comes with multistate cases. And we don’t back down when powerful interests try to sweep things under the rug.

Multistate truck accidents are overwhelming. But you don’t have to figure this out alone. Let us handle the legal side while you focus on healing and rebuilding.

Contact Philbrook Law today to schedule a free consultation. We’re here to help you find the way forward.