Although most Louisiana residents can never fully prepare for an accident, they are typically more equipped to handle unforeseen situations when they are closer to home. They are likely to have more resources available in that type of situation, and when unpredictable events, like car accidents, occur out of state the approach may be totally different and require the consideration of alternative remedies.
This may be the response of one Louisiana man and his family following a serious motorcycle accident. A 49-year-old Louisiana resident was riding his motorcycle through a nearby state. He apparently lost control of his motorcycle and hit a pickup truck. The Louisiana man had to be airlifted to a nearby hospital due to serious injuries. The accident remains under investigation.
Following an accident, those individuals and families involved may wonder how they can recover their damages and medical expenses. Accidents that involve drivers from different states present additional questions regarding how and where legal recovery should begin. These sorts of questions generally fall under the umbrella of conflict of laws issues.
Conflict of laws, which is also referred to as choice of law, concerns the issue of what law should govern a lawsuit. In this case, a lawsuit may be filed in either Louisiana or the state in which the accident occurred to recover for all of the damages and expenses. Although this is where the lawsuit is filed, the location of the lawsuit does not necessarily mean that the law of the state will govern the proceeding.
Instead, the parties and the court will need to consider different factors, like which state has more of an interest in the outcome of the proceedings, to determine what law governs. Although it may not seem like a big deal which law governs, ultimately the law applied in the case can make a difference between the burdens of each party and what remedies and damages are available to them.
Source: qctimes.com, “Louisiana man seriously hurt in Aledo motorcycle accident,” J.C. Taylor, Aug. 12, 2013