Indiana 2025 Regular Session

Indiana Senate Bill SB0037 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 37
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-6-2; IC 34-13.5.
7	7	Synopsis: Torts involving commercial trucking industry. Creates a
8	8	procedure to bifurcate a trial of a civil action filed against the operator
9	9	of a commercial motor vehicle and the employer of the operator or the
10	10	owner of the commercial motor vehicle involved in a motor vehicle
11	11	accident. Allows a defendant to file a motion to bifurcate within a
12	12	specified period of time. Provides that certain evidence may be
13	13	presented in the first phase of a bifurcated trial. Allows a plaintiff to
14	14	pursue punitive damages in the second phase of a bifurcated trial.
15	15	Effective: July 1, 2025.
16	16	Glick
17	17	January 8, 2025, read first time and referred to Committee on Judiciary.
18	18	2025 IN 37—LS 6238/DI 149 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	SENATE BILL No. 37
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning civil
31	31	procedure.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 34-6-2-23.5 IS ADDED TO THE INDIANA CODE
34	34	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35	35	3 1, 2025]: Sec. 23.5. "Commercial motor vehicle", for purposes of
36	36	4 IC 34-13.5, has the meaning set forth in IC 34-13.5-2-1.
37	37	5 SECTION 2. IC 34-6-2-38.2 IS ADDED TO THE INDIANA CODE
38	38	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
39	39	7 1, 2025]: Sec. 38.2. "Employee defendant", for purposes of
40	40	8 IC 34-13.5, has the meaning set forth in IC 34-13.5-2-1.
41	41	9 SECTION 3. IC 34-6-2-38.4 IS ADDED TO THE INDIANA CODE
42	42	10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
43	43	11 1, 2025]: Sec. 38.4. "Employer defendant", for purposes of
44	44	12 IC 34-13.5, has the meaning set forth in IC 34-13.5-2-1.
45	45	13 SECTION 4. IC 34-13.5 IS ADDED TO THE INDIANA CODE AS
46	46	14 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
47	47	15 2025]:
48	48	16 ARTICLE 13.5. CAUSES OF ACTION: COMMERCIAL
49	49	17 MOTOR VEHICLES
50	50	2025 IN 37—LS 6238/DI 149 2
51	51	1 Chapter 1. Application
52	52	2 Sec. 1. This article governs a civil action brought against an
53	53	3 employee defendant and employer defendant that seeks damages
54	54	4 resulting from a motor vehicle accident involving a commercial
55	55	5 motor vehicle.
56	56	6 Chapter 2. Definitions
57	57	7 Sec. 1. The following definitions apply throughout this article:
58	58	8 (1) "Commercial motor vehicle" has the meaning set forth in
59	59	9 IC 6-6-4.1-1.
60	60	10 (2) "Employee defendant" means a defendant in a lawsuit
61	61	11 filed under this article who was operating the commercial
62	62	12 motor vehicle when the accident occurred and is employed by
63	63	13 an employer defendant.
64	64	14 (3) "Employer defendant" means:
65	65	15 (A) the owner of a commercial motor vehicle; or
66	66	16 (B) the employer of the person operating a commercial
67	67	17 motor vehicle;
68	68	18 that is a defendant in a lawsuit filed under this article.
69	69	19 Chapter 3. Bifurcation of Trial
70	70	20 Sec. 1. The court shall bifurcate an action if a defendant files a
71	71	21 motion requesting bifurcation and the motion is filed:
72	72	22 (1) not later than one hundred twenty (120) days after the
73	73	23 employer defendant's first answer is filed; or
74	74	24 (2) not later than thirty (30) days after the plaintiff files an
75	75	25 amended complaint adding a new claim or cause of action
76	76	26 against the defendant that has filed the motion to bifurcate.
77	77	27 Sec. 2. (a) If a trial is bifurcated under section 1 of this chapter,
78	78	28 the trier of fact must find the following in the first phase of the
79	79	29 trial:
80	80	30 (1) Whether the employee defendant was negligent in the
81	81	31 operation of the commercial motor vehicle.
82	82	32 (2) The amount of compensatory damages to be awarded to
83	83	33 the plaintiff.
84	84	34 (b) If the trier of fact determines that an employee defendant
85	85	35 was negligent under subsection (a), this finding may be presented
86	86	36 as evidence in the second phase of the bifurcated trial if the
87	87	37 plaintiff has also asserted a negligence claim against an employer
88	88	38 defendant that requires a finding by the trier of fact that the
89	89	39 employee defendant was negligent in operating the commercial
90	90	40 motor vehicle.
91	91	41 (c) An employer defendant's liability for damages caused by the
92	92	42 ordinary negligence of the employee defendant may only be based
93	93	2025 IN 37—LS 6238/DI 149 3
94	94	1 upon respondeat superior if the employer defendant stipulated
95	95	2 within the time frame described in section 1 of this chapter that, at
96	96	3 the time of the accident, the operator of the commercial motor
97	97	4 vehicle was:
98	98	5 (1) an employee of the employer defendant; and
99	99	6 (2) the employee was acting within the scope of employment.
100	100	7 Sec. 3. Evidence of an employer defendant's failure to comply
101	101	8 with an applicable local, state, or federal regulation or standard
102	102	9 may be admissible in a bifurcated trial brought under this chapter,
103	103	10 if the evidence:
104	104	11 (1) is relevant to causation;
105	105	12 (2) is relevant to the proximate cause of the injuries that are
106	106	13 subject of the action and damages sought by the plaintiff; and
107	107	14 (3) unambiguously applies to the employer defendant or is
108	108	15 relevant to a duty of care owed by the employer defendant.
109	109	16 Sec. 4. (a) Except as provided in subsection (b), a plaintiff may
110	110	17 not present evidence of the employer defendant's liability in the
111	111	18 first phase of a bifurcated trial under this chapter.
112	112	19 (b) If the plaintiff brings a negligent entrustment claim against
113	113	20 the employer defendant in the first phase of the bifurcated trial
114	114	21 and the employer defendant is subject to the federal Motor Carrier
115	115	22 Safety Improvement Act of 1999, the only evidence that may be
116	116	23 admissible as to the employer defendant's liability in the first phase
117	117	24 of a bifurcated trial is the following:
118	118	25 (1) Whether the employee defendant who was operating the
119	119	26 commercial motor vehicle at the time of the accident:
120	120	27 (A) was licensed to drive the commercial motor vehicle;
121	121	28 (B) was disqualified from driving a vehicle under
122	122	29 IC 9-24-6.1-7 (disqualified individual operating
123	123	30 commercial motor vehicle), 49 CFR 383.51, 49 CFR 383.52,
124	124	31 or 49 CFR 391.15;
125	125	32 (C) was subject to an out-of-service order, as defined by 49
126	126	33 CFR 390.5;
127	127	34 (D) was driving the vehicle in violation of a license
128	128	35 restriction imposed under 49 CFR 383.95;
129	129	36 (E) had received a certificate of driver's road test from the
130	130	37 employer defendant as required by 49 CFR 391.31 or had
131	131	38 an equivalent certificate or license as provided by 49 CFR
132	132	39 391.33;
133	133	40 (F) had been medically certified as physically qualified to
134	134	41 operate the vehicle under 49 CFR 391.41;
135	135	42 (G) was operating the vehicle when prohibited from doing
136	136	2025 IN 37—LS 6238/DI 149 4
137	137	1 so under:
138	138	2 (i) IC 9-24-6.1-6, IC 9-30-5, or 49 CFR 382.201 (alcohol
139	139	3 concentration);
140	140	4 (ii) 49 CFR 382.205 (on-duty use);
141	141	5 (iii) 49 CFR 382.207 (pre-duty use);
142	142	6 (iv) 49 CFR 382.215 (controlled substances testing);
143	143	7 (v) 49 CFR 395.3 (maximum driving time for
144	144	8 property-carrying vehicles); or
145	145	9 (vi) 49 CFR 395.5 (maximum driving time for
146	146	10 passenger-carrying vehicles);
147	147	11 (H) was texting or using a handheld mobile telephone while
148	148	12 driving the vehicle in violation of IC 9-21-8-59, 49 CFR
149	149	13 392.80, or 49 CFR 392.82;
150	150	14 (I) had provided the employer defendant with an
151	151	15 application for employment as required by 49 CFR
152	152	16 391.21(a) if the accident occurred on or before the one (1)
153	153	17 year anniversary of the date the employee defendant began
154	154	18 employment with the employer defendant; or
155	155	19 (J) had refused to submit to a controlled substance test as
156	156	20 required by:
157	157	21 (i) 49 CFR 382.303 (post-accident testing);
158	158	22 (ii) 49 CFR 382.305 (random testing);
159	159	23 (iii) 49 CFR 382.307 (reasonable suspicion testing);
160	160	24 (iv) 49 CFR 382.309 (return-to-duty testing); or
161	161	25 (v) 49 CFR 382.311 (follow-up testing);
162	162	26 during the two (2) years preceding the date of the accident.
163	163	27 (2) Whether the employer defendant:
164	164	28 (A) allowed the employee defendant to operate the
165	165	29 employer's commercial motor vehicle at the time of the
166	166	30 accident in violation of:
167	167	31 (i) IC 9-24-6.1-6, IC 9-30-5, or 49 CFR 382.201 (alcohol
168	168	32 concentration);
169	169	33 (ii) 49 CFR 382.205 (on-duty use);
170	170	34 (iii) 49 CFR 382.207 (pre-duty use);
171	171	35 (iv) 49 CFR 382.215 (controlled substances testing);
172	172	36 (v) 49 CFR 382.701(d) (drug and alcohol clearinghouse);
173	173	37 (vi) 49 CFR 395.3 (maximum driving time for
174	174	38 property-carrying vehicles); or
175	175	39 (vii) 49 CFR 395.5 (maximum driving time for
176	176	40 passenger-carrying vehicles);
177	177	41 (B) had complied with 49 CFR 382.301 (pre-employment
178	178	42 testing) in regard to controlled substance testing of the
179	179	2025 IN 37—LS 6238/DI 149 5
180	180	1 employee defendant if:
181	181	2 (i) the employee defendant was impaired because of the
182	182	3 use of a controlled substance at the time of the accident;
183	183	4 and
184	184	5 (ii) the accident occurred within one hundred eighty
185	185	6 (180) days of the date that the employee defendant began
186	186	7 employment with the employer defendant;
187	187	8 (C) had made the investigations and inquiries as provided
188	188	9 by 49 CFR 391.23(a) in regard to the employee defendant
189	189	10 if the accident occurred on or before the one (1) year
190	190	11 anniversary of the date the employee defendant began
191	191	12 employment with the employer defendant; and
192	192	13 (D) was subject to an out-of-service order, as defined by 49
193	193	14 CFR 390.5, at the time of the accident.
194	194	15 Sec. 5. In either part of a bifurcated trial brought under this
195	195	16 chapter, evidence of a photograph or video of:
196	196	17 (1) a motor vehicle;
197	197	18 (2) a commercial motor vehicle; or
198	198	19 (3) an object involved in the motor vehicle accident that is the
199	199	20 subject of the action;
200	200	21 may be admissible without expert testimony, except as necessary
201	201	22 to authenticate the photograph or video.
202	202	23 Sec. 6. In the second part of a bifurcated trial brought under
203	203	24 this chapter, the trier of fact may determine the following:
204	204	25 (1) Whether the employer defendant is liable for the claims
205	205	26 filed against it.
206	206	27 (2) The amount of punitive damages that may be awarded to
207	207	28 the plaintiff.
208	208	2025 IN 37—LS 6238/DI 149