A new bill introduced in Congress would give federal courts origin
al jurisdiction over state venues in limited civil cases involving interstate commercial trucking accidents.
The Forum Accountability and Integrity in Roadway (FAIR) Trucking Act, introduced by Congressman Tom B
arrett (R-Michigan) and Congresswoman Ashley Hinson (R-Iowa) and Congressman Brandon Gill (R-Texas), would protect against forum shopping in civil actions when
the amount in controversy exceeds $5 million and the accident occurred in interstate commerce.
Proponents of the legislation say it would protect the trucking industry against frivolous lawsuits filed by plaintiffs a
ttorneys. The bill’s sponsors allege personal injury attorneys often try civi
cases in state courts where they believe they will have more favorable juries and a greater likelihood of larger payouts.
Rep. Barrett said trucking companies are currently being ambushed in “handpicked courtrooms” selected by the plaintiffs bar.
“This bill will restore fair and balanced litigation while ensuring that our truckers, trucking companies, and o
wner-operators can keep our commerce flowing,” Rep. Barrett said.
Related: AM Best: Commercial Auto Liability Drags Down Segment and it Could Get Worse
See more beautiful photo albums Here >>>
A report from Marathon Strategies found that nuclear verdicts – verdicts of $10 million or more – occur more often
in state court than federal courts, with state courts accounting nearly double the total sum of verdicts than federal courts ($20.1 billion vs. $11.2 billion) in 2024.
The American Property Casualty Insurance Association (APCIA) said the legislation would ensure that cas
es are heard in appropriate jurisdictions, which in return will curb abusive legal tactics and promote a more predictable and equitable legal environment.
“The FAIR Trucking Act is a critical step toward restoring balance and fairness in our legal system,” said Sam
Whitfield, APCIA’s senior vice president of federal government relations and political engagement. “Frivolous litigatio
n targeting the trucking industry not only drives up insurance costs but also threatens the stability of our supply chain and t
he livelihoods of small businesses across the country.”