Bill seeks to protect truckers from ‘weaponized litigation’ in lawsuits over $5 million

Lawmakers recently introduced a bill that would provide trucking companies with protection from lawsuit abuse.

On September 10, Reps. Tom Barrett and Ashley Hinson introduced H.R. 5268, the Forum Accountability and Integrity in Roadway (FAIR) Trucking Act, which “restores fairness and balance to litigation, protects against forum shopping, ensures cases of national scope are heard in federal courts, and keeps the focus on justice.”

The bill grants federal courts jurisdiction over truck crash cases in instances when:

• The lawsuit involves commercial trucks involved in interstate commerce
• The amount being sought exceeds $5 million
• At least one defendant and one plaintiff are from different states

Barrett detailed the need for the bill in a news release:

“In recent years, the trucking industry has become increasingly targeted by personal injury attorneys who unfairly capitalize on trucking accidents by abusing our justice system– manipulating lawsuits to be filed and tried in state courts they believe will have more favorable juries and a greater likelihood of larger payouts. These tactics have made it more difficult for real victims to be heard, contributed to a rise in staged accidents, and directly assaulted our small businesses. With 96% of U.S. trucking companies operating 10 trucks or fewer, the FAIR Trucking Act would ensure that high-stakes cases are heard in federal courts, not cherry-picked state venues.“

“Truckers keep America moving and deliver for us each and every day — but bad actors are blatantly exploiting them for payouts,” said Hinson.“Without federal oversight, truckers face unjust litigation that distorts settlements and threatens supply chains. My bill puts safety and fairness first — deterring staged collisions, protecting jobs and small businesses, and ensuring justice is the focus — not profit. I am proud to be a voice for America’s truckers and look forward to getting this crucial legislation across the finish line.” 

The bill is endorsed by the American Trucking Associations (ATA).

“When trial lawyers treat the judicial system like a game of ‘jackpot justice,’ employers, consumers, and our economy pay the price,” said Chris Spear, President & CEO of the ATA. “The skyrocketing number of nuclear verdicts is driving up insurance rates to unsustainable levels and raising the cost of goods for all consumers. It also means trucking companies — the vast majority of which are small businesses — are one bad verdict away from being forced to permanently shut their doors. The FAIR Trucking Act would close the loopholes that the plaintiffs’ bar exploits to move cases to judicial hellholes and engineer these lopsided verdicts. We commend Reps. Hinson and Barrett for leading this reform effort to protect jobs, strengthen our supply chain, and restore balance and fairness to the courts.”