Service of process requirements
Once a truck accident lawsuit is filed, the defendants must be formally notified. This step, called service of process, ensures that all parties are aware of the legal action and have the opportunity to respond.
- Truck Accident Law Team
- 2 min read
Article 4 of 6 in Filing a Truck Accident Lawsuit/
Service of Process Requirements in Truck Accident Lawsuits
What Is Service of Process?
- The formal delivery of the complaint and summons to the defendant(s).
- Provides legal notice that a lawsuit has been filed.
- Establishes the court’s authority over the parties.
Who Must Be Served?
- Truck Driver – If named individually as a defendant.
- Trucking Company – Served through an authorized agent or corporate office.
- Other Defendants – Such as brokers, contractors, or manufacturers.
Acceptable Methods of Service
- Personal Service: Hand delivery by a process server or law enforcement officer.
- Certified Mail or Registered Mail: Allowed in some jurisdictions.
- Substitute Service: Delivering to another responsible person at the defendant’s residence or place of business.
- Service on Registered Agents: Corporations must designate agents to receive service.
- Publication: In rare cases, notice may be published in a newspaper if the defendant cannot be located.
Timeframes
- Most states require service within 30–120 days after filing the complaint.
- Failure to meet deadlines may result in dismissal unless good cause is shown.
Proof of Service
- The process server must file a sworn affidavit or return of service with the court.
- This verifies when, where, and how service was completed.
Challenges in Truck Accident Cases
- Defendants may be located in different states.
- Large trucking companies often have multiple business entities, requiring service on the correct one.
- International service may be needed if the company is based abroad, triggering special procedures under treaties like the Hague Convention.
Legal Importance
- Proper service is a constitutional requirement for due process.
- If service is defective, defendants can move to dismiss the case.
- Correct service ensures the lawsuit proceeds without procedural delays.
Summary: Service of process is a critical step in truck accident lawsuits, ensuring all defendants receive formal notice. Proper service establishes court authority and prevents cases from being dismissed on technical grounds.