Gov. Eric Holcomb of Indiana on Monday signed into law a bill that allows a plaintiff’s failure to use a seat belt to be introduced as evidence in vehicle accident lawsuits. The bill permits juries to reduce damage awards based on that information.
House Bill 1090 has drawn praise from Chris Spear, president and CEO of the American Trucking Associations. After legislators passed the bill in February, Spear said the existing law forbidding seat belt use as evidence leaves jurors with incomplete information when rendering a verdict.
It was the fourth attempt in as many years to enact such a law, according to news accounts. Earlier versions died in committee.
Critics of the legislation said it draws attention away from the question of who actually caused an accident, the Indiana Capital Chronicle reported.
The change, as well as a measure that Republican lawmakers in Wisconsin passed to limit some damage awards in lawsuits stemming from commercial vehicle accidents, comes amid growing concern about skyrocketing insurance costs related to multimillion-dollar nuclear verdicts against trucking companies. Democratic Gov. Tony Evers of Wisconsin has not yet acted on the legislation in that state, which would cap awards for non-economic damages, such as pain and suffering, at $1 million.
An American Transportation Research Institute study found that verdicts greater than $1 million in truck crash lawsuits rose on average from $2.3 million in 2010 to $22.3 million in 2018.
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The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now