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Tort Reform

TCA supports reasonable tort reform measures on both the federal and state levels. The injured party should not be compensated beyond the level of his or her injuries; nor should the party causing the injury be punished beyond the portion of the plaintiff's injuries and losses for which he or she is responsible.

Excessive litigation costs and court awards increase the costs of essential products and services for all American businesses and consumers. In recent years, the transportation industry has been made aware of the effects of these factors through the cost to trucking companies of federally mandated insurance. While litigation costs are not the only reason for the unjustified increase in insurance premiums, they have been a major factor.

A party's liability should be based on its comparative responsibility for the injury suffered. The concept of joint and several liability should be eliminated.

There are other principles of tort reform which ITCC should also support and seek to have enacted:

1. A ceiling should be placed on awards for non-economic damages, such as pain and suffering, and on awards of punitive damages. Further, awards of punitive damages should be limited to instances where the defendant's actions are shown to be reckless or involve gross misconduct;
2. Federal and state laws should be revised to encourage the use of alternative dispute settlement procedures. These procedures may include arbitration or other expedited settlement procedures. The use of these procedures reduces the litigation costs of all parties and is more likely to result in dispute settlements that are rationally related to the injury of the plaintiff and the responsibility of the defendant;
3. Federal and state laws should be revised to allow for periodic payment of awards of non-economic or future losses above a certain level;
4. Any money received by a plaintiff for the loss or injury complained of, from any collateral source, shall be admissible before a jury in any action seeking compensation for that loss or injury. Awards to plaintiffs for loss or injury should be reduced by the amount of any payment to plaintiff from any other source intended to compensate him or her for the same loss or injury;
5. Courts should be able to impose sanctions against attorneys who bring frivolous suits, offer frivolous defenses, or take any other unwarranted action intended to unnecessarily delay the legal proceedings or increase litigation costs; and
6. Principles of comparative fault should be adopted that bar a plaintiff's case if that plaintiff is substantially negligent or at fault.