As the end of the regular session nears in Louisiana, state lawmakers voted to send to the governor multiple tort reforms bills of interest to the trucking industry. Other tort reform efforts remain active at the statehouse.
Louisiana Insurance Commissioner Tim Temple is behind the pursuit to address medical transparency, comparative fault, general damages and more.
The Owner-Operator Independent Drivers Association advocates for reform to civil liability rules to reduce lawsuit abuse around the nation. OOIDA contends that plaintiff’s lawyers constantly grow more aggressive with theories and arguments, trying to reach into the pockets of truck drivers who often have little-to-no fault for an unfortunate incident.
House Bill 431
One commonsense bill sent to Gov. Jeff Landry modifies the state’s comparative fault system.
Sponsored by Rep. Emily Chenevert, R-Baton Rouge, HB431 would shift the pure comparative fault system to a modified standard.
Pure comparative fault allows a plaintiff’s right to damages to be reduced by the plaintiff’s liability. Plaintiffs are not barred from recovery.
Bill supporters have said the current system allows someone who is 99% at fault for a wreck to get a payout from someone who is 1% at fault.
HB431 would change the rule so that anyone at least 51% at fault in a wreck would be prohibited from collecting damages.
Advocates have noted that 38 other states already have a modified standard, so the change would simply put Louisiana in line with the majority of the nation.
House Bill 434
Another bill moved to the governor’s desk is touted to strengthen Louisiana’s “no pay, no play” law.
HB434 would raise the recovery threshold for uninsured drivers.
Uninsured motorists would be prohibited from recovering the first $100,000 in bodily injury and property damage claims. Louisiana law now has a $15,000 limit on bodily injury and a $25,000 limit on property damage.
Speaking on the Senate floor, Sen. Alan Seabaugh, R-Shreveport, said the change would remove a lot of claims from the state system.
“From 15% to 30% of the cars on the road are uninsured. If you block those people – who are abusing the system and not buying insurance – if you block them from bringing claims, you’re going to lower the amount of litigation,” Seabaugh said.
He added that the change will ultimately lower insurance rates.
House Bill 436
Also headed to Landry’s desk is a bill that would prohibit recovery of certain damages by unauthorized aliens.
HB436 would prohibit an award of general damages and past and future wages for unauthorized aliens in a vehicle wreck. General damages include pain and suffering, as well as other non-economic losses.
Affected persons would be allowed to recover for other special damages. Such damages include medical bills, lost wages and property damage.
House Bill 450
A separate bill sent to the governor would cancel the Housley Presumption.
The legal doctrine presumes a link between a wreck and an injury, even without proof of a link. The burden of proof is placed on the defense to disprove causation.
HB450 is described as restoring fairness by requiring real evidence in personal injury claims. The change would help to eliminate inflated lawsuits and reduce insurance costs.
Advocates have said the rule change would shift the burden of proof about injuries related to a wreck back to the plaintiffs.
House Bill 34
One bill still moving through the statehouse would eliminate recovery of “phantom damages.”
Louisiana law now limits jurors to hear the total amount billed but not what the plaintiff actually paid.
HB34 would allow a jury to see the amount billed and the amount paid.
The change is touted to ensure nothing is withheld from a jury.
Supporters have said the rule change would ensure plaintiffs are fairly compensated based on the amount actually paid for reasonable and necessary medical care.
House lawmakers already approved the bill. HB34 awaits further consideration in the Senate Judiciary A Committee.
House Bill 435
Another House-approved bill in the Senate Judiciary A Committee provides limitations related to claims for general damages.
HB435 would cap noneconomic damages such as pain and suffering at $5 million per year.
Louisiana law now has no limit to the amount.
🚨 Louisiana’s HB 435 by Rep. Egan caps general damages at $5M, but we shouldn’t just debate passing it—we should ask how much LOWER to set the limit to align with other states! About a dozen states have general damage caps, keeping insurance costs down for LA businesses and… pic.twitter.com/tc4fbVGpYp
— Blake Miguez (@BlakeMiguezLA) April 18, 2025
House Bill 432
One year removed from enactment of a rule to regulate foreign involvement in third-party litigation financing, the Senate Judiciary A Committee could soon take up for consideration a related reform measure. House lawmakers already approved the reform bill.
Chenevert said her bill provides critical reforms to ensure transparency and fairness in third-party litigation financing.
“Last year, this legislature made great strides in requiring disclosure of third-party agreements. However, there are a number of key provisions that protect Louisiana citizens that did not make their way into the amended bill,” Chenevert recently told a House committee.
This year’s bill, HB432, would prohibit financiers with a contract or agreement from receiving or recovering, whether directly or indirectly, any amount greater than an amount equal to the share of the proceeds recovered by a plaintiff or claimant in a civil action.
The rule would also apply to an administrative proceeding, legal claim or other legal proceeding.
Any attorney who enters into a litigation-financing contract or agreement must disclose the information to the client represented in a proceeding within 30 days after being retained or within 30 days after entering into the litigation-financing agreement, whichever is earlier. LL
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