Starting July 1, noneconomic damage awards in civil lawsuits in West Virginia involving personal injury or wrongful death claims against commercial motor vehicles will be capped at $5 million as per legislation enacted by Gov. Jim Justice.
Traci Nelson, president of the West Virginia Trucking Association, hailed the new law as a win for the trucking industry and everyone in West Virginia. She believes that it will deter abusive and frivolous lawsuits that have burdened the legal system.
Legislative Support and Impact
Senate Bill 583 (Employer Liability and Damages in Civil Actions involving Commercial Motor Vehicles) received broad support during the 2nd Session of West Virginia’s 86th Legislature and was introduced by state Sen. Mike Stuart. The bill passed with overwhelming support in both the Senate and the House of Delegates.
Impact on Trucking Industry
The new law, which caps noneconomic damage awards at $5 million, is seen as crucial for maintaining fairness and balance in civil litigation. With over 33,890 West Virginians working in the trucking industry and 85% of communities relying on trucks for goods transportation, this legislation is a significant step towards ensuring a level playing field.
Support from American Trucking Associations
The American Trucking Associations President Chris Spear commended the new law, emphasizing the importance of justice and fairness in accident litigation outcomes. He applauded West Virginia lawmakers for taking steps to protect professional truck drivers and uphold the integrity of the supply chain.
Provisions and Exceptions
The state code now includes provisions to limit compensatory damages for noneconomic losses in trucking-related lawsuits. The legislation also contains exceptions for certain scenarios such as incidents involving impaired driving, distracted driving, or violations of weight regulations.
Future adjustments and considerations
The law stipulates that compensatory damages for noneconomic losses will be reviewed annually for inflation adjustments, ensuring that the $5 million cap remains relevant and fair in the years to come. This reform aims to prevent abuse of the legal system and promote a more balanced approach to civil litigation within the trucking industry in West Virginia.
