One year after Indiana enacted tort reform, a state lawmaker wants to go further to address civil actions involving truck drivers.
A 2024 state law allowed seat belt usage to be considered in accident lawsuits. The action in part spurred the American Tort Reform Association to dub the Hoosier State as a “tort reform trailblazer.”
Previously, Indiana prohibited seat belt information from being made available to juries.
The new law permits juries in civil lawsuits related to vehicle accidents to hear whether the victim was wearing a seat belt. The information can then be used when considering damages.
Advocates said it is important that the state not stand in the way of juries’ access to information about whether a vehicle occupant was wearing a seat belt. They added it has nothing to do with fault or with cause; it can only be used in damages.
Senate Bill 37
Sen. Sue Glick, R-LaGrange, introduced a bill that would prohibit trucking companies from being sued for their role in a crash unless the truck driver has first been found liable in court – a process called a bifurcated trial.
A defendant would be allowed to file a motion to bifurcate within a specified period of time.
The first phase of a bifurcated trial would determine any negligence and compensatory damages of the truck operator. If the truck driver is proven to be at fault, the trial would move to a second phase.
During the second phase, broader evidence about the company’s past would be allowed. Allowable evidence during this phase could include an employer’s failure to comply with an applicable local, state or federal regulation or standard.
Supporters said the rule revisions would protect trucking companies from biased and unfair courtroom tactics. One example provided is a plaintiff attorney submitting evidence at trial about a trucking company’s broader practices. The tactic is intended to convey to a jury that crashes are a systemic problem with a trucking operation.
The bill, SB37, is in the Senate Judiciary Committee.
Pennsylvania
The state of Pennsylvania could soon take its own action to address lawsuit abuse against trucking companies.
Reforms could include introduction of seat belt usage in crash lawsuits, regulation of third-party litigation funding, capping contingency fees and creation of a Fair Share Repair Act. LL
More Land Line coverage of state news is available.
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