In collaboration with ProPublica, PBS recently published a piece that calls out a trend to limit the amounts injured parties can receive after being involved in a semi-truck collision.
The article comes on the heels of the joint “Frontline” venture releasing a documentary series called “America’s Dangerous Trucks” in June, that “examined one gruesome kind of truck accident — underride crashes — and why they keep happening.”
Although the recent report, “How Recent State Laws Are Making It Harder to Sue Trucking Companies After Crashes,” focuses on state-by-state efforts to rein in multi-million civil lawsuit awards, juries continue to hand injured people payouts that far exceed a trucker’s mandated minimum liability insurance of $750,000.
In Valparaiso, IN, a couple recently received a $44 million award after taking a trucking company to trial. Although the freight carrier reportedly acknowledged mistakes were made, disputes arose over the extent of the injuries. One plaintiff indicated she was partially disabled due to getting rear-ended by the big rig.
“We hope the jury’s verdict puts negligent trucking companies on notice that they’ll be held fully accountable for harm caused by their misconduct,” attorney Kenneth J. Allen reportedly said.
The lawyer’s sentiments are largely carried throughout the Frontline piece by PBS and ProPublica. Citing recent changes to state laws, the article claims that truck accident fatalities have risen “by more than 50 percent compared with a decade ago.”
There were a reported 4,714 deaths associated with heavy-duty truck accidents in 2021, compared to 3,384 in 2011. The lowest number of deaths from large truck accidents was 3,147 in 2009, with the most fatalities (6,539) occurring in 1979.
The American Trucking Associations (ATA) and other advocacy organizations have lobbied lawmakers to put dollar-amount restrictions on awards. Arguing that owner-operators and freight carriers are targets for frivolous lawsuits, and awards that exceed their ability to pay, some states changed laws to balance compensation and protect a necessary element of the supply chain.
“They call it reform, but historically most of the reforms have been about cutting back on liability,” NYU law professor Mark Geistfeld is reportedly quoted. Geistfeld reportedly called the ATA concerns about frivolous lawsuits a “boogeyman.”
States such as Iowa, Montana, West Virginia, Louisiana, Florida, Texas, and Missouri have implemented tort reform. In some cases, the dollar amount has been capped. In others, procedural and evidentiary changes have been implemented.
Sources:
https://www.iihs.org/topics/fatality-statistics/detail/large-trucks
https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts
https://www.pbs.org/wgbh/frontline/article/state-laws-harder-sue-trucking-companies-crashes/
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