Taking a Summer Road Trip? Be Aware of Other States' Laws

September 02, 2010

As summer vacation comes to a close, families are packing up their cars one last time to bring the kids on the road before school starts. While taking a road trip to another state offers the promise of adventure, the wise traveler will understand ahead of time the potential risks and what to do in case of an accident.

Driving Laws Vary by State

Each state passes its own driving laws, rather than having them determined by the federal government. In this age of easy travel from state to state, however, that can be confusing for some drivers. From whether it's OK to turn right on a red light, to the legal duties of a motorist who has been in an accident, the rules can change once you cross the state line.

Drive conservatively and defensively to protect both your family and your wallet. Look up the driving laws for the states you are traveling through. In most cases, you can do this by visiting the states' department of motor vehicles websites.

Make sure that your auto insurance is up to date and the proper documentation is in your car. If you do get a ticket for allegedly violating a traffic law, get as much information as you can about how to pay the ticket and the procedure for contesting the ticket, if that is what you may wish to do.

If you are in an auto accident, follow common-sense rules such as stopping where it's safe to do so, gathering relevant information about other drivers involved and getting a police report. If you sustain serious injuries or your vehicle is damaged, you will likely end up dealing with insurance companies and you will need this information to do so effectively.

Auto Insurance Claims May Be More Complex

When an accident occurs in another state, how your insurance claim is processed will probably be more complicated than if the accident had happened in your home state.

If the accident caused serious injury or property damage, the insurance companies for the drivers will need to thoroughly investigate the claims. If there were witnesses to the accident, they will have to be contacted and interviewed. When the witnesses live hundreds of miles away, the process naturally involves more time and effort.

Insurance companies typically do not present their highest offers first, and you may need a lawyer to help you assert your best argument. The assistance of an attorney when you run into conflict with an auto insurance company can make things go more smoothly.

Protect Your Interests When Pursuing Damages

If you were in a crash in another state, that state's laws are likely to apply if you decide to file a lawsuit. Statutes of limitation (the time limits for filing suits) often vary by state, as do the laws on negligent driving and the types of compensation you can seek. You may be able to pursue compensation for pain and suffering, lost wages, property damage, medical bills and other damages.

Filing a legal claim against a negligent driver always requires a thorough understanding of the law, but knowing the subtleties becomes even more important when you are working across state lines. This is why it is a good idea to hire an attorney who practices in the state where the accident occurred; indeed, most of the legal maneuverings, including a trial if the case does not settle, will almost certainly need to take place in the other state.

If the state is far away or the legal issues are tangled, you may want to retain a lawyer in your state of residence and ask that attorney to work with a lawyer who practices in the other state. You may even be able to find legal counsel licensed to practice in both states if the states are close to each other.

Drive Defensively ... and Have Fun

No matter what, ensure that you are familiar with the relevant driving laws when you set off for that last warm-weather vacation of the year. The less trouble you encounter on the road, the more time you'll have for fun with your family.

Article provided by Weber Pearson PC
Visit us at www.weberpearsonlaw.com