A series of legal reform bills passed the Louisiana House of Representatives Monday by large margins – the same day truckers descended on the state Capitol to press for relief from some of the highest commercial insurance rates in the U.S.
Both the Louisiana Motor Transport Association (LMTA) and the Louisiana Loggers Association designated April 28 as Trucking Day, when truckers could advocate for tort reforms to reduce the legal and insurance costs they say are plaguing the industry. The average local premium rate that commercial truckers pay in Louisiana is more than $19,700, according to Coverwallet.com, a rate that’s the second highest in the nation behind New Jersey.
“What we’re looking at is we have got to create a more welcoming environment in the state of Louisiana where more insurance companies want to write (policies),” Renee Amar, the LMTA’s executive director, told the Louisiana Record.
Typically, commercial truckers can get vehicle insurance quotes from only two to three companies, according to Amar. Expensive bodily injury claims are common in accidents involving big-rigs and other vehicles.
“Insurers are not going to eat those costs, and those dollars are translated into premiums we pay,” she said, adding that reforms designed to reduce the costs of litigated claims would ease truckers’ financial burdens.
The bills that passed the House on Monday – and were supported by the LMTA – include House Bill 34 by Rep. Brian Glorioso (R-Slidell), which aims to end the recovery of “phantom damages” in personal-injury cases to ensure damages awards reflect the amount paid for reasonable medical care. It passed the House by a margin of 69-26.
Another bill that is being sent to the state Senate this week is HB 431, authored by Rep. Emily Chenevert (R-Baton Rouge), which would bar plaintiffs from recovering damages if they are found to be 51% or more at fault for injury, death or loss. House members also passed HB 432, also sponsored by Chenevert, which would limit the amount third-party litigation financers can recover through a civil action and also require a timely disclosure of such financial agreements.
A bill by Rep. Peter Egan (R-Covington) won the support of House members by a vote of 63-23. That measure would limit defendants in civil lawsuits from paying in excess of $5 million to any single plaintiff for general damages.
“The House passed a large majority of the tort reform bills,” Amar said. “Those are now moving over to the Senate, where the real work is going to happen.”
For years, tort reform bills have been sidelined in the Senate Judiciary A Committee, she said, adding that if lawmakers are successful in getting legal reforms to Gov. Jeff Landry’s desk, he has promised to sign them.
“We’re looking for public policy positions that can really change the landscape of the litigation climate in this state,” Amar said.
Another bill that successfully passed on the House floor on Monday is HB 436, authored by Rep. Gabe Firment (R-Pollock), which would bar unauthorized aliens involved in automobile accidents from receiving general damages. The measure would also prohibit such undocumented individuals from receiving awards for past and future wages.
On Monday, truckers met with legislative leaders to advocate for the legal reforms and heard an address from the state’s insurance commissioner, Tim Temple, who urged them to keep telling their stories and letting officials know about their financial challenges.