Jessica Mathews / news@whmi.com


A new bill aims to protect truckers from weaponized litigation.

This week, Area Republican Congressman Tom Barrett and Iowa Republican Congresswoman Ashley Hinson introduced H.R. 5268 - the Forum Accountability and Integrity in Roadway or FAIR Trucking Act. It aims to protect truckers and the trucking industry against lawsuit abuse.

Specifically, the bill would give federal courts original jurisdiction over highway accident civil actions against commercial motor vehicles involved in interstate commerce when the amount in controversy exceeds $5 million.

They say in recent years; the trucking industry has become increasingly targeted by personal injury attorneys who unfairly capitalize on trucking accidents by abusing the 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. A release states those “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 lawmakers assert the FAIR Trucking Act would ensure that high-stakes cases are heard in federal courts, not cherry-picked state venues.

Barrett commented “American truckers play an essential role in every aspect of our economy — from keeping the store shelves stocked to getting fuel to gas stations and delivering medical supplies to hospitals. Allowing them to keep falling victim to lawsuit ambushes in handpicked courtrooms is bad for business and bad for our supply chains. This bill will restore fair and balanced litigation while ensuring that our truckers, trucking companies, and owner-operators can keep our commerce flowing.”

Hinson stated “Truckers keep America moving and deliver for us each and every day — but bad actors are blatantly exploiting them for payouts. 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.”

Chris Spear, President & CEO of American Trucking Associations, added “When trial lawyers treat the judicial system like a game of ‘jackpot justice,’ employers, consumers, and our economy pay the price. 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.”

The FAIR Trucking Act aims to restore fairness and balance to litigation, protects against forum shopping, ensure cases of national scope are heard in federal courts, and keeps the focus on justice.

Specifically, it grants federal courts jurisdiction over truck crash cases when the following criteria are met:

-The matter involves interstate commerce;
-The amount being sought exceeds $5 million; and
-At least one defendant and one plaintiff are from different states.

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

A link to the full bill text is provided.