Indiana 2025 Regular Session

Indiana Senate Bill SB0490 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. 490
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-6-2; IC 34-51-7.
7	7	Synopsis: Commercial motor vehicle defendant liability. Provides that
8	8	noneconomic damages awarded in a civil suit involving a commercial
9	9	motor vehicle may not be more than $1,000,000. Provides exceptions.
10	10	Effective: July 1, 2025.
11	11	Gaskill
12	12	January 14, 2025, read first time and referred to Committee on Judiciary.
13	13	2025 IN 490—LS 7468/DI 149 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	SENATE BILL No. 490
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning civil
26	26	procedure.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 34-6-2-23.5 IS ADDED TO THE INDIANA CODE
29	29	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30	30	3 1, 2025]: Sec. 23.5. "Commercial motor vehicle", for purposes of
31	31	4 IC 34-51-7, has the meaning set forth in IC 34-51-7-2.
32	32	5 SECTION 2. IC 34-6-2-23.6 IS ADDED TO THE INDIANA CODE
33	33	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34	34	7 1, 2025]: Sec. 23.6. "Commercial motor vehicle defendant", for
35	35	8 purposes of IC 34-51-7, has the meaning set forth in IC 34-51-7-3.
36	36	9 SECTION 3. IC 34-6-2-87.7, AS ADDED BY P.L.136-2015,
37	37	10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38	38	11 JULY 1, 2025]: Sec. 87.7. "Noneconomic damages", for purposes of
39	39	12 IC 34-30-29.2 and IC 34-51-7, has the meaning set forth in
40	40	13 IC 34-30-29.2-2.
41	41	14 SECTION 4. IC 34-51-7 IS ADDED TO THE INDIANA CODE AS
42	42	15 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
43	43	16 1, 2025]:
44	44	17 Chapter 7. Commercial Motor Vehicle; Damages
45	45	2025 IN 490—LS 7468/DI 149 2
46	46	1 Sec. 1. This chapter applies to a civil action in which a plaintiff
47	47	2 seeks damages from a commercial motor vehicle defendant
48	48	3 resulting from a motor vehicle accident involving a commercial
49	49	4 motor vehicle.
50	50	5 Sec. 2. As used in this chapter, "commercial motor vehicle" has
51	51	6 the meaning set forth in IC 6-6-4.1-1.
52	52	7 Sec. 3. As used in this chapter, "commercial motor vehicle
53	53	8 defendant" means a defendant in a civil action that is:
54	54	9 (1) the owner of;
55	55	10 (2) the employer of the driver operating; or
56	56	11 (3) the driver operating;
57	57	12 the commercial motor vehicle that was involved in the motor
58	58	13 vehicle accident.
59	59	14 Sec. 4. As used in this chapter, "noneconomic damages" has the
60	60	15 meaning set forth in IC 34-30-29.2-2.
61	61	16 Sec. 5. (a) A plaintiff may not recover noneconomic damages of
62	62	17 more than one million dollars ($1,000,000) from a commercial
63	63	18 motor vehicle defendant.
64	64	19 (b) A judge or jury must make a finding as to the following:
65	65	20 (1) Noneconomic damages without considering the limitation
66	66	21 described in subsection (a).
67	67	22 (2) The percentage of fault of the claimant, of the commercial
68	68	23 motor vehicle defendant, and of any person who is a nonparty.
69	69	24 The court shall then multiply the percentage of fault assigned to
70	70	25 the commercial motor vehicle defendant by the amount of
71	71	26 noneconomic damages found.
72	72	27 (c) The court shall award noneconomic damages in the amount
73	73	28 calculated under subsection (b). If the amount calculated is more
74	74	29 than one million dollars ($1,000,000) then the court shall reduce
75	75	30 the noneconomic damages to one million dollars ($1,000,000).
76	76	31 Sec. 6. The limitation on noneconomic damages described in
77	77	32 section 5 of this chapter does not apply to a defendant who is a:
78	78	33 (1) driver who was operating the commercial motor vehicle;
79	79	34 or
80	80	35 (2) person described in section 3(1) or 3(2) of this chapter;
81	81	36 if the driver or the person acted with gross negligence or willful or
82	82	37 wanton misconduct.
83	83	2025 IN 490—LS 7468/DI 149