Provides relative to prescriptive periods and civil jury thresholds for delictual actions arising from vehicular accidents. (8/1/14)
In addition to extending the prescriptive period, SB 306 modifies the conditions under which jury trials are available. Previously, a jury trial was permitted if the amount in question exceeded $50,000, with some exceptions. The proposed legislation retains these thresholds but introduces a gradual decrease in the amount over subsequent years (from $40,000 down to $10,000). This means that, after 2018, no jury trials would be available for any suits arising from vehicular accidents, which may significantly alter the landscape of civil litigation in Louisiana.
Senate Bill 306, introduced by Senator Morrish, addresses civil actions related to vehicular accidents in Louisiana. The bill primarily extends the 'liberative prescription' period for these actions from the current one year to two years, allowing individuals who sustain damages from vehicular incidents more time to file claims. This change is intended to provide greater leeway for individuals to pursue justice in cases where they are injured or suffer property damage as a result of such accidents.
Overall, the sentiment surrounding SB 306 appears to be divided among legislators and stakeholders. Proponents laud the extension of the prescriptive period as beneficial for victims of vehicular accidents, while the removal of jury trial options is a point of contention. Critics argue that limiting access to jury trials weakens the rights of individuals seeking restitution and shifts power away from the judiciary to insurance companies and other entities involved in civil disputes.
The main contention of SB 306 lies in the balance between streamlining civil proceedings and ensuring adequate protections for victims. While supporters emphasize the efficiency and predictability of the legal process with revised prescriptive rules, opponents raise concerns about potential hardships faced by individuals struggling to attain fair hearings in court. The legislation could significantly impact how civil cases are pursued, especially regarding compensation for damages sustained in vehicular incidents.