State-level battle continues to pass legislation limiting nuclear verdicts

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Trucking Industry Pushes for Lawsuit Reform to Curb Abuse and Ensure Fairness in Civil Litigation

The battle over lawsuit reform in the trucking industry is heating up as governors in various states take different approaches to addressing the issue.

In Wisconsin, Gov. Tony Evers vetoed a measure that would have capped non-economic damage awards at $1 million, citing concerns about fairness and due process. Meanwhile, in West Virginia, Gov. Jim Justice signed into law a bill capping non-economic damage awards in CMV-related accidents at $5 million. And in Georgia, Gov. Brian Kemp is calling for a study on limiting “nuclear verdicts” exceeding $10 million.

The trucking industry is divided on the issue, with many believing that capping non-monetary losses is necessary to prevent abusive and frivolous lawsuits. Owners of commercial properties and apartment complexes, as well as the trucking industry, are among the biggest supporters of lawsuit limits.

According to the American Transportation Research Institute, settlement amounts in trucking accident cases have been on the rise, with an increase of 51.7% annually over an eight-year period. This has led to concerns about the impact on insurance premiums and job creation.

Neal Kedzie, president of the Wisconsin Motor Carriers Association, expressed disappointment with Evers’ veto, stating that lawsuit abuse is impeding the industry’s ability to operate safely and efficiently. Traci Nelson, president of the West Virginia Trucking Association, praised the passage of lawsuit abuse reform in her state, highlighting the importance of the legislation for West Virginia’s economic well-being.

Chris Spear, president and CEO of the American Trucking Associations, emphasized the need for reasonable reform to ensure that justice and fairness, not profits, drive accident litigation outcomes.

The debate over lawsuit reform in the trucking industry is far from over, with stakeholders on all sides continuing to push for changes to the civil litigation system.

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