Truckers already battle soaring fuel bills, insurance costs, and razor-thin margins. For many small carriers, one bad lawsuit can be enough to put a business out of business.
Now, a bill moving through the Pennsylvania House has truckers worried about what could come next.
Letting lawyers name their price?
HB1913 focuses on a courtroom tactic used in personal injury lawsuits.
The House Judiciary Committee voted along party lines to advance legislation that would allow plaintiffs’ attorneys to suggest specific dollar amounts for pain-and-suffering damages during closing arguments. The tactic is known as “anchoring.”
That means lawyers could throw out a number for noneconomic damages even if it isn’t directly tied to evidence presented about a person’s pain and suffering.
Current Pennsylvania law doesn’t allow attorneys to ask jurors for specific amounts of noneconomic damages in personal injury cases.
Supporters say it’s about fairness
Supporters argue juries should hear every argument attorneys believe is relevant when deciding damages.
Rep. Tim Brennan, D-Doylestown, said the bill would let both sides present specific dollar amounts for economic and noneconomic damages during closing arguments in civil cases.
“Judges and jurors are capable of understanding the cases before them, and we should not complicate their work or unnecessarily limit advocacy for any client,” Brennan said.
Truckers see a dangerous shift
Critics warn the bill could open the door for lawyers to toss out eye-popping numbers with little connection to the facts.
Instead of relying on hard evidence, attorneys could point to factors like a truck’s miles driven to argue about when someone should be paid for pain and suffering.
The Pennsylvania Motor Truck Association says lawyers already try to influence juries with large dollar figures that aren’t tied to actual losses.
The group says Pennsylvania courts have long recognized the danger of anchoring. That’s when attorneys use huge lump sums or made-up formulas to push juries toward larger verdicts.
PMTA’s Rebecca Oyler told lawmakers that the current system protects jurors from being swayed by numbers picked by attorneys rather than the facts presented in court.
She said HB1913 would turn that system upside down. It would allow lawyers to suggest specific dollar amounts or formulas for pain-and-suffering claims.
PMTA says the issue hits trucking where it hurts.
Insurance costs and coverage remain some of the biggest headaches facing trucking companies.
The group says trucking companies continue investing heavily in safety. Lawsuit costs, however, keep climbing much faster than crash rates.
That growing gap is driving up insurance costs. It also puts even more pressure on trucking businesses struggling to stay afloat.
And truckers aren’t the only ones who could feel the impact.
When transportation costs rise, those costs move through the supply chain and eventually land on consumers at the checkout line.
The bill now heads to the House floor. If approved there, it will move on to the Senate. LL
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