How Do You Serve a Kentucky Truck Accident Lawsuit on a non-U.S. Driver?

When you file any type of civil complaint, such as a personal injury lawsuit, in Kentucky, you must also complete service of process on the defendant. That is, you need to formally notify the person or persons you are suing about your lawsuit. Normally, when you sue a Kentucky resident, this is done by having a local sheriff personally serve the defendant by certified mail.

Kentucky’s Long Arm Statute

But what if the person you are suing lives outside of Kentucky? For that matter, what if they do not reside in the United States? These questions often arise in personal injury cases involving commercial truck accidents. For example, if a tractor-trailer hits your car on the highway, there is a good chance that the driver and owner of that commercial vehicle do not reside in Kentucky. So how would you effect service of process on them?

At the state level, there is Kentucky’s Long Arm Statute. This statute makes it possible for Kentucky courts to exercise personal jurisdiction over out-of-state defendants. Basically, long arm jurisdiction exists whenever the defendant transacts business in Kentucky, or the act giving rise to the lawsuit occurred in Kentucky. This would include a truck accident that occurs on the state’s highways.

As far as service goes, the Long Arm Statute provides that the plaintiff can serve their personal injury lawsuit on the Kentucky Secretary of State. The Secretary must then send a copy of the lawsuit by certified mail to the out-of-state address provided in the complaint.

The Hague Service Convention

If the defendant is not just outside of Kentucky, but also outside of the United States, an international treaty known as the Hague Service Convention may also come into play. A recent decision from a federal judge in Kentucky, Peachey v. Four D Trucking, illustrates how this process works. In this case, the plaintiffs sued a truck driver and trucking company for a semi-truck accident that occurred on I-75 in Kentucky. The case was later transferred from state to federal court.

A dispute arose before the federal court over whether the plaintiffs properly served the driver. The plaintiffs initially attempted service under the Kentucky Long Arm Statute, serving the Secretary of State and providing the address of the driver’s employer. But the driver lived in Mexico.

As the judge explained, the plaintiffs did not validly serve the driver under the Kentucky Long Arm statute because they did not “provide a correct address” for the driver. And since the driver lived in Mexico, which like the United States is a party to the Hague Service Convention, the plaintiffs were subsequently required to follow the international service rules. Basically, this means they have to serve their lawsuit through the U.S. Department of Justice, who in turn will serve the driver through a designated central authority in Mexico. The judge therefore dismissed the plaintiffs’ lawsuit but said they were free to refile and serve the driver under the Hague rules.

Contact a Madisonville Truck Accident Lawyer Today

Truck accidents often involve multiple defendants and multiple legal issues that must be sorted out. Our Madisonville truck accident lawyers can provide you with guidance and representation throughout this process. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=9678112628790218988