Introduced Version
SENATE BILL No. 37
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-6-2; IC 34-13.5.
Synopsis: Torts involving commercial trucking industry. Creates a
procedure to bifurcate a trial of a civil action filed against the operator
of a commercial motor vehicle and the employer of the operator or the
owner of the commercial motor vehicle involved in a motor vehicle
accident. Allows a defendant to file a motion to bifurcate within a
specified period of time. Provides that certain evidence may be
presented in the first phase of a bifurcated trial. Allows a plaintiff to
pursue punitive damages in the second phase of a bifurcated trial.
Effective: July 1, 2025.
Glick
January 8, 2025, read first time and referred to Committee on Judiciary.
2025 IN 37—LS 6238/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 37
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 34-6-2-23.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 23.5. "Commercial motor vehicle", for purposes of
4 IC 34-13.5, has the meaning set forth in IC 34-13.5-2-1.
5 SECTION 2. IC 34-6-2-38.2 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 38.2. "Employee defendant", for purposes of
8 IC 34-13.5, has the meaning set forth in IC 34-13.5-2-1.
9 SECTION 3. IC 34-6-2-38.4 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2025]: Sec. 38.4. "Employer defendant", for purposes of
12 IC 34-13.5, has the meaning set forth in IC 34-13.5-2-1.
13 SECTION 4. IC 34-13.5 IS ADDED TO THE INDIANA CODE AS
14 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
15 2025]:
16 ARTICLE 13.5. CAUSES OF ACTION: COMMERCIAL
17 MOTOR VEHICLES
2025 IN 37—LS 6238/DI 149 2
1 Chapter 1. Application
2 Sec. 1. This article governs a civil action brought against an
3 employee defendant and employer defendant that seeks damages
4 resulting from a motor vehicle accident involving a commercial
5 motor vehicle.
6 Chapter 2. Definitions
7 Sec. 1. The following definitions apply throughout this article:
8 (1) "Commercial motor vehicle" has the meaning set forth in
9 IC 6-6-4.1-1.
10 (2) "Employee defendant" means a defendant in a lawsuit
11 filed under this article who was operating the commercial
12 motor vehicle when the accident occurred and is employed by
13 an employer defendant.
14 (3) "Employer defendant" means:
15 (A) the owner of a commercial motor vehicle; or
16 (B) the employer of the person operating a commercial
17 motor vehicle;
18 that is a defendant in a lawsuit filed under this article.
19 Chapter 3. Bifurcation of Trial
20 Sec. 1. The court shall bifurcate an action if a defendant files a
21 motion requesting bifurcation and the motion is filed:
22 (1) not later than one hundred twenty (120) days after the
23 employer defendant's first answer is filed; or
24 (2) not later than thirty (30) days after the plaintiff files an
25 amended complaint adding a new claim or cause of action
26 against the defendant that has filed the motion to bifurcate.
27 Sec. 2. (a) If a trial is bifurcated under section 1 of this chapter,
28 the trier of fact must find the following in the first phase of the
29 trial:
30 (1) Whether the employee defendant was negligent in the
31 operation of the commercial motor vehicle.
32 (2) The amount of compensatory damages to be awarded to
33 the plaintiff.
34 (b) If the trier of fact determines that an employee defendant
35 was negligent under subsection (a), this finding may be presented
36 as evidence in the second phase of the bifurcated trial if the
37 plaintiff has also asserted a negligence claim against an employer
38 defendant that requires a finding by the trier of fact that the
39 employee defendant was negligent in operating the commercial
40 motor vehicle.
41 (c) An employer defendant's liability for damages caused by the
42 ordinary negligence of the employee defendant may only be based
2025 IN 37—LS 6238/DI 149 3
1 upon respondeat superior if the employer defendant stipulated
2 within the time frame described in section 1 of this chapter that, at
3 the time of the accident, the operator of the commercial motor
4 vehicle was:
5 (1) an employee of the employer defendant; and
6 (2) the employee was acting within the scope of employment.
7 Sec. 3. Evidence of an employer defendant's failure to comply
8 with an applicable local, state, or federal regulation or standard
9 may be admissible in a bifurcated trial brought under this chapter,
10 if the evidence:
11 (1) is relevant to causation;
12 (2) is relevant to the proximate cause of the injuries that are
13 subject of the action and damages sought by the plaintiff; and
14 (3) unambiguously applies to the employer defendant or is
15 relevant to a duty of care owed by the employer defendant.
16 Sec. 4. (a) Except as provided in subsection (b), a plaintiff may
17 not present evidence of the employer defendant's liability in the
18 first phase of a bifurcated trial under this chapter.
19 (b) If the plaintiff brings a negligent entrustment claim against
20 the employer defendant in the first phase of the bifurcated trial
21 and the employer defendant is subject to the federal Motor Carrier
22 Safety Improvement Act of 1999, the only evidence that may be
23 admissible as to the employer defendant's liability in the first phase
24 of a bifurcated trial is the following:
25 (1) Whether the employee defendant who was operating the
26 commercial motor vehicle at the time of the accident:
27 (A) was licensed to drive the commercial motor vehicle;
28 (B) was disqualified from driving a vehicle under
29 IC 9-24-6.1-7 (disqualified individual operating
30 commercial motor vehicle), 49 CFR 383.51, 49 CFR 383.52,
31 or 49 CFR 391.15;
32 (C) was subject to an out-of-service order, as defined by 49
33 CFR 390.5;
34 (D) was driving the vehicle in violation of a license
35 restriction imposed under 49 CFR 383.95;
36 (E) had received a certificate of driver's road test from the
37 employer defendant as required by 49 CFR 391.31 or had
38 an equivalent certificate or license as provided by 49 CFR
39 391.33;
40 (F) had been medically certified as physically qualified to
41 operate the vehicle under 49 CFR 391.41;
42 (G) was operating the vehicle when prohibited from doing
2025 IN 37—LS 6238/DI 149 4
1 so under:
2 (i) IC 9-24-6.1-6, IC 9-30-5, or 49 CFR 382.201 (alcohol
3 concentration);
4 (ii) 49 CFR 382.205 (on-duty use);
5 (iii) 49 CFR 382.207 (pre-duty use);
6 (iv) 49 CFR 382.215 (controlled substances testing);
7 (v) 49 CFR 395.3 (maximum driving time for
8 property-carrying vehicles); or
9 (vi) 49 CFR 395.5 (maximum driving time for
10 passenger-carrying vehicles);
11 (H) was texting or using a handheld mobile telephone while
12 driving the vehicle in violation of IC 9-21-8-59, 49 CFR
13 392.80, or 49 CFR 392.82;
14 (I) had provided the employer defendant with an
15 application for employment as required by 49 CFR
16 391.21(a) if the accident occurred on or before the one (1)
17 year anniversary of the date the employee defendant began
18 employment with the employer defendant; or
19 (J) had refused to submit to a controlled substance test as
20 required by:
21 (i) 49 CFR 382.303 (post-accident testing);
22 (ii) 49 CFR 382.305 (random testing);
23 (iii) 49 CFR 382.307 (reasonable suspicion testing);
24 (iv) 49 CFR 382.309 (return-to-duty testing); or
25 (v) 49 CFR 382.311 (follow-up testing);
26 during the two (2) years preceding the date of the accident.
27 (2) Whether the employer defendant:
28 (A) allowed the employee defendant to operate the
29 employer's commercial motor vehicle at the time of the
30 accident in violation of:
31 (i) IC 9-24-6.1-6, IC 9-30-5, or 49 CFR 382.201 (alcohol
32 concentration);
33 (ii) 49 CFR 382.205 (on-duty use);
34 (iii) 49 CFR 382.207 (pre-duty use);
35 (iv) 49 CFR 382.215 (controlled substances testing);
36 (v) 49 CFR 382.701(d) (drug and alcohol clearinghouse);
37 (vi) 49 CFR 395.3 (maximum driving time for
38 property-carrying vehicles); or
39 (vii) 49 CFR 395.5 (maximum driving time for
40 passenger-carrying vehicles);
41 (B) had complied with 49 CFR 382.301 (pre-employment
42 testing) in regard to controlled substance testing of the
2025 IN 37—LS 6238/DI 149 5
1 employee defendant if:
2 (i) the employee defendant was impaired because of the
3 use of a controlled substance at the time of the accident;
4 and
5 (ii) the accident occurred within one hundred eighty
6 (180) days of the date that the employee defendant began
7 employment with the employer defendant;
8 (C) had made the investigations and inquiries as provided
9 by 49 CFR 391.23(a) in regard to the employee defendant
10 if the accident occurred on or before the one (1) year
11 anniversary of the date the employee defendant began
12 employment with the employer defendant; and
13 (D) was subject to an out-of-service order, as defined by 49
14 CFR 390.5, at the time of the accident.
15 Sec. 5. In either part of a bifurcated trial brought under this
16 chapter, evidence of a photograph or video of:
17 (1) a motor vehicle;
18 (2) a commercial motor vehicle; or
19 (3) an object involved in the motor vehicle accident that is the
20 subject of the action;
21 may be admissible without expert testimony, except as necessary
22 to authenticate the photograph or video.
23 Sec. 6. In the second part of a bifurcated trial brought under
24 this chapter, the trier of fact may determine the following:
25 (1) Whether the employer defendant is liable for the claims
26 filed against it.
27 (2) The amount of punitive damages that may be awarded to
28 the plaintiff.
2025 IN 37—LS 6238/DI 149