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Wisconsin, Indiana Pass Bills Targeting Lawsuit Abuse

Transport Topics, February 23, 2024

Wisconsin, Indiana Pass Bills Targeting Lawsuit Abuse

  • Here’s what happened: State lawmakers in Wisconsin and Indiana passed legislation to rein in abusive commercial vehicle lawsuits, including a measure requiring disclosure of whether or not a seatbelt was worn as part of a personal injury or wrongful death lawsuit.
  • Dig deeper: Nuclear verdicts are a major problem for commercial vehicle operators of all sizes, whether or not they were actually at fault in an accident. Many are opting to pay inflated settlements that aren’t supported by the facts of the case, rather than risk an even larger judgment at trial. Catch-up quick 
  • A troubling trend: According to the U.S. Chamber of Commerce, nuclear verdicts have soared 27.5% from a decade earlier, to average $24.6 million. 
  • Why it matters: Widespread commercial vehicle litigation abuse isn’t just a trucking problem, it’s an economic problem. Most commercial vehicle operators in Texas are small mom-and-pop shops, not deep-pocketed corporations. The goods and services provided by commercial vehicles—from products at the grocery stores to landscaping and plumbing services—are critical to our everyday lives. 
  • What about Texas? In the 87th Legislative Session, Texas lawmakers passed common-sense reforms to help deter the worst abuses in commercial vehicle litigation in the state.
    • House Bill 19 protects the rights of Texans injured in a commercial vehicle accident while reducing opportunities to manipulate evidence at trial and seek millions in cases where the commercial vehicle owner was not at fault, or the plaintiff was not injured. Find out more in the TLR Advocate
    • The law splits the trial into two phases: Phase One determines who was at fault in the wreck and the amount of the plaintiff’s actual damages. Phase Two allows the jury to consider whether to award punitive damages.
    • This ensures anyone who is injured by the negligence of a commercial vehicle operator can still recover the full array of damages in a lawsuit, including past and future medical damages, lost wages, pain and suffering and punitive damages.
  • TLR Thoughts: Abusive lawsuits against commercial vehicles increase the cost and reduce the availability of the goods and services we all rely on.

Read the full article here.

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