The trucking industry this week scored legislative victories in two states that could have implications on nuclear verdict-type judgements following commercial truck crashes.
The Wisconsin State Legislature passed a reform to the stateās civil litigation system, capping non-economic damage awards at $1 million. America Trucking Associations President and CEO Chris Spear said capping subjective, non-monetary losses is critical to ensuring fairness and balance in civil litigation and will deter abusive and frivolous lawsuits that have turned the judicial system "into a profit center for the plaintiffsā bar."
āWhen the plaintiffsā bar perverts civil litigation into a casino game of ājackpot justice,ā the costs are borne by everyone," Spear said, "not just trucking companies, but consumers too in the form of higher insurance rates and higher prices for everyday goods. This reasonable reform ensures justice and fairness drive accident litigation outcomes, not profits.ā
The legislation ā SB 613 ā passed the State Assembly by voice vote and the State Senate 21-11 and heads to Gov. Tony Eversā desk for signature.
Wisconsin Motor Carriers Association President Neal Kedzie said the legislation has broad support across the state, adding "rampant lawsuit abuse is impeding our ability to do our job safely and efficiently."
The trucking industry employs approximately 183,780 people throughout Wisconsin, and more than 77% of communities statewide rely exclusively on trucks to receive goods.
Indiana lifts seatbelt gag order
The Indiana General Assembly this week enacted civil justice reform legislation that amends the stateās seatbelt admissibility statute pertaining to automobile accident litigation. The bill, which passed the legislature with bipartisan support and now heads to Governor Eric Holcombās desk, would make evidence of a litigantās non-usage of a safety belt admissible in court in most cases.
āThis is a commonsense measure that only increases transparency and ensures jurors have complete information when rendering a fair and just verdict,ā said Spear. āIndiana is one of many states in recent years to amend the so-called āseatbelt gag rule,ā a legacy of a bygone era when seat belt use wasn't common and the safety benefit wasn't universally accepted like it is today.ā
Indiana Motor Truck Association President and CEO Gary Langston said the trucking industry employs approximately 231,000 Hoosiers across the state, and more than 80% of Indiana communities rely exclusively on trucks for goods.
