Introduced Version
SENATE BILL No. 490
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-6-2; IC 34-51-7.
Synopsis: Commercial motor vehicle defendant liability. Provides that
noneconomic damages awarded in a civil suit involving a commercial
motor vehicle may not be more than $1,000,000. Provides exceptions.
Effective: July 1, 2025.
Gaskill
January 14, 2025, read first time and referred to Committee on Judiciary.
2025 IN 490—LS 7468/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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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 490
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 34-51-7, has the meaning set forth in IC 34-51-7-2.
5 SECTION 2. IC 34-6-2-23.6 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 23.6. "Commercial motor vehicle defendant", for
8 purposes of IC 34-51-7, has the meaning set forth in IC 34-51-7-3.
9 SECTION 3. IC 34-6-2-87.7, AS ADDED BY P.L.136-2015,
10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 87.7. "Noneconomic damages", for purposes of
12 IC 34-30-29.2 and IC 34-51-7, has the meaning set forth in
13 IC 34-30-29.2-2.
14 SECTION 4. IC 34-51-7 IS ADDED TO THE INDIANA CODE AS
15 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2025]:
17 Chapter 7. Commercial Motor Vehicle; Damages
2025 IN 490—LS 7468/DI 149 2
1 Sec. 1. This chapter applies to a civil action in which a plaintiff
2 seeks damages from a commercial motor vehicle defendant
3 resulting from a motor vehicle accident involving a commercial
4 motor vehicle.
5 Sec. 2. As used in this chapter, "commercial motor vehicle" has
6 the meaning set forth in IC 6-6-4.1-1.
7 Sec. 3. As used in this chapter, "commercial motor vehicle
8 defendant" means a defendant in a civil action that is:
9 (1) the owner of;
10 (2) the employer of the driver operating; or
11 (3) the driver operating;
12 the commercial motor vehicle that was involved in the motor
13 vehicle accident.
14 Sec. 4. As used in this chapter, "noneconomic damages" has the
15 meaning set forth in IC 34-30-29.2-2.
16 Sec. 5. (a) A plaintiff may not recover noneconomic damages of
17 more than one million dollars ($1,000,000) from a commercial
18 motor vehicle defendant.
19 (b) A judge or jury must make a finding as to the following:
20 (1) Noneconomic damages without considering the limitation
21 described in subsection (a).
22 (2) The percentage of fault of the claimant, of the commercial
23 motor vehicle defendant, and of any person who is a nonparty.
24 The court shall then multiply the percentage of fault assigned to
25 the commercial motor vehicle defendant by the amount of
26 noneconomic damages found.
27 (c) The court shall award noneconomic damages in the amount
28 calculated under subsection (b). If the amount calculated is more
29 than one million dollars ($1,000,000) then the court shall reduce
30 the noneconomic damages to one million dollars ($1,000,000).
31 Sec. 6. The limitation on noneconomic damages described in
32 section 5 of this chapter does not apply to a defendant who is a:
33 (1) driver who was operating the commercial motor vehicle;
34 or
35 (2) person described in section 3(1) or 3(2) of this chapter;
36 if the driver or the person acted with gross negligence or willful or
37 wanton misconduct.
2025 IN 490—LS 7468/DI 149