Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
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Badge - Multi Million Dollar Advocates Forums
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Badge - New Jersey's Best Lawyers For Families 2018
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Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

April 2022 - Dealing With Out-of-State Accidents When Traveling

Out-of-State Accidents Based on pre-bookings, travel industry reports project leisure travel to surpass pre-pandemic levels this year. While some travelers may be willing to splurge on once-in-a-lifetime trips, it seems most would be satisfied staying closer to home.

If you’re among the 68% of Americans who, in response to a Trip Advisor survey, indicated they were likely to travel domestically this year, you may be concerned what to do in the event of an out-of-state accident.

Your first reactions to any accident, whether at home or out-of-state, should be to:

  • notify police
  • get medical attention if necessary
  • photograph the scene
  • collect witness contact information
  • notify your insurance carrier

The big difference with out-of-state accidents comes when an accident results in injury and a personal injury lawsuit is warranted. Where do you file and what can you expect?

Generally personal injury lawsuits can be filed either in the state where the accident occurred or in the state where the defendant lives. There are exceptions:

  • Accidents involving multiple defendants—lawsuits can be filed in any state where one of the defendants live
  • Accidents involving commercial vehicles—lawsuits can be filed in the state where the business either is incorporated, has its principal place of business, or has sufficient “minimum contracts.”

Regardless of where you file, the presumption is the laws of the state where the accident occurred prevail. That’s important to know because different states regulate the recovery of damages differently:

  • States with a “pure contributory negligence statute” prohibit plaintiffs from recovering damages if they are found to be even 1% at fault.
  • States with a “pure comparative fault statute” reduce the amount in damages that can be awarded by the percentage of fault attributed to the plaintiff.

Another important difference to note is that statutes of limitations for filing accident claims can vary by state. Once a statute of limitations expires, you are restricted from filing.

No one wants to think of an accident spoiling their vacation, but it is better to be prepared.

Stay informed and stay safe!

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian