Louisiana 2022 Regular Session

Louisiana House Bill HB843

Introduced
3/21/22  
Introduced
3/21/22  
Refer
3/22/22  

Caption

Provides relative to admissibility of evidence of liability of a commercial motor carrier

Impact

The implementation of HB 843 could significantly alter the landscape of litigation involving commercial motor carriers. By limiting the scope of negligence claims against carriers when they have admitted to vicarious liability, the bill could reduce the carriers' exposure to lawsuits in scenarios where driver actions lead to incidents. This change is intended to provide a clearer framework for cases, potentially simplifying legal processes and reducing litigation costs for carriers.

Summary

House Bill 843 aims to address the admissibility of evidence in legal proceedings concerning commercial motor carriers. It establishes a provision in the Code of Evidence regarding vicarious liability, specifically stating that if a commercial motor carrier admits to vicarious liability for the acts of its driver, then evidence claiming independent negligence by the carrier cannot be introduced. This means that once a carrier acknowledges liability for a driver's conduct, they cannot be held responsible for claimed lapses in their own safety or operational standards.

Sentiment

The sentiment surrounding this bill appears to be mixed among stakeholders. Proponents, particularly within the transportation and logistics sectors, argue that it provides necessary protections and certainty for carriers, making it easier for them to operate without the constant threat of liability for actions they do not directly control. However, critics may view it as a potential disadvantage to individuals seeking redress for negligence, as it restricts their ability to pursue claims against carriers based on independent negligence.

Contention

Critics of HB 843 argue that limiting the admissibility of independent negligence claims may lead to a decrease in accountability for commercial motor carriers. They fear that the legislation could undermine safety standards and operational diligence since carriers may feel less compelled to monitor driver conduct and safety protocols if they are not held liable for negligent practices. This potential conflict between enhancing protections for the transportation sector and safeguarding the rights of individuals injured due to negligence forms a central point of contention in debates surrounding the bill.

Companion Bills

No companion bills found.

Previously Filed As

LA HB51

Provides relative to the admissibility of evidence for failure to wear a safety belt

LA HB700

Provides relative to the admissibility of evidence of failure to wear a safety belt

LA HB39

Provides relative to the admissibility of evidence for failure to wear a safety belt

LA HB230

Provides relative to the admissibility of evidence for failure to wear a safety belt

LA SB338

Provides relative to admissibility of certain evidence regarding failure to wear a safety belt. (8/1/20)

LA HB948

Provides relative to the admissibility of certain evidence

LA HB475

Provides relative to admissibility of evidence of a defendant's creative or artistic expression

LA HB324

Provides relative to vicarious liability of an employer

LA HB785

Provides relative to liability for commercial motor vehicles

LA HB398

Provides relative to the application of certain limitations on the admissibility of character evidence in civil cases

Similar Bills

No similar bills found.