Where Do I File a South Dakota Trucking Accident Lawsuit?
As South Dakota’s most populous city, Sioux Falls sees a daily influx of commercial trucking. If you regularly drive on I-90 or I-29, you are likely to see many big rigs hauling cargo to destinations throughout the United States. Indeed, most commercial trucks you see in South Dakota are not local vehicles. So what happens if you are hit by one of those 18-wheelers and sustain serious injuries? Put differently, where do you file a personal injury lawsuit following a commercial trucking accident in South Dakota?
How South Dakota Courts Work
Personal injury claims arising from a motor vehicle accident generally fall under the laws of the state where the crash occurred. So if a commercial truck hits you in South Dakota, you have the right to seek compensation under South Dakota law. Most personal injury cases at the state level are heard by a South Dakota Circuit Court.
South Dakota has seven circuit courts, each serving a different geographic region of the state. If your accident occurred in Sioux Falls, for example, you would file your personal injury case in the Second Judicial Circuit, which includes Minnehaha and Lincoln counties. Alternatively, if the defendant–the negligent truck driver or truck company you are suing–lives in a different part of South Dakota, you could file in the Judicial Circuit where they legally reside.
State vs. Federal Court
Of course, a common issue in truck accident lawsuits is that one or more defendants are located outside of South Dakota. After all, a truck transporting cargo across state lines may be owned by a non-South Dakota company and driven by a non-South Dakota driver. How does this affect an accident victim’s ability to file a personal injury lawsuit?
The short answer is that it has no effect on your ability to sue, but it can affect where your case is heard. In a personal injury lawsuit where the plaintiff and defendant are residents of different states, a federal court can exercise jurisdiction over the dispute. South Dakota only has one federal court, the United States District Court for the District of South Dakota, which also happens to be based in Sioux Falls.
Federal jurisdiction has two requirements. First, the amount of money sought by the plaintiff must exceed $75,000. Second, there must be complete diversity between the parties. What this means is that none of the defendants can reside in the same state as the plaintiff. In other words, if you are a South Dakota resident, none of the people you sue can live in South Dakota. If your case fails to meet both of these requirements, then it must be heard in South Dakota Circuit Court.
Contact a Sioux Falls Truck Accident Lawyer Today
In trucking accident lawsuits, out-of-state defendants will often exercise their right to remand–or transfer–a personal injury case filed in state court to federal court. Again, this does not affect the substance of the lawsuit. The accident victim has the same right to seek compensation as they would in state court. The substantive law is the same. Federal courts have different procedural rules, however, which can affect how the case is managed.
This is why it is important to work with an experienced Sioux Falls truck accident lawyer who can guide you through the process, regardless of what court hears your case. Contact Hoy Law today at (605) 334-8900 to schedule a free consultation.
