Louisiana Governor Jeff Landry has enacted tort reform laws that affect the trucking industry.
The Owner-Operator Independent Drivers Association (OOIDA) supports changes to civil liability regulations aimed at reducing the misuse of lawsuits. OOIDA claims that plaintiff attorneys are becoming increasingly aggressive in their tactics, often targeting truck drivers who bear little responsibility for accidents.
House Bill 431
The initial law impacting the trucking sector alters Louisiana’s pure comparative fault system.
This system allows a plaintiff’s damages to be decreased based on their level of fault, meaning that a plaintiff isn’t completely shut out from recovery.
Representative Emily Chenevert, R-Baton Rouge, pointed out that the current framework allows individuals who are 99% at fault to receive compensation from those who are only 1% at fault.
Under HB431, set to take effect on January 1, 2026, the system will change to a modified standard, which prevents anyone found to be at least 51% at fault in an accident from claiming damages.
House Bill 434
This new legislation aims to enhance Louisiana’s “no pay, no play” law.
HB434 raises the threshold for uninsured drivers, barring them from recovering the initial $100,000 in bodily injury and property damage claims. Currently, Louisiana has a $15,000 limit for bodily injury and a $25,000 cap for property damage.
Senator Alan Seabaugh, R-Shreveport, remarked that this law will help remove numerous claims from the state system, as 15% to 30% of vehicles on the road are uninsured, leading to increased litigation.
House Bill 436
Effective August 1, this law prohibits the recovery of certain damages by unauthorized aliens.
HB436 disallows general damages and past and future wages for unauthorized aliens involved in vehicle accidents, though they can still recover special damages such as medical expenses and property damage.
House Bill 450
This law, which is already in effect, cancels the Housley Presumption.
The legal presumption that associates a wreck with an injury without needing proof has been removed, placing the burden of proof back on the plaintiffs in personal injury claims. This is expected to reduce inflated lawsuits and lower insurance costs.
House Bill 549
A new law focused on the trucking industry addresses dashboard cameras.
HB549 mandates that insurance providers offering commercial vehicle policies must give discounts to policyholders who install dash cams and telematics systems. Proof of installation and functionality is required to receive the discount, which will be applicable during policy issuance or renewal, starting January 1, 2026.
Industry Response
The Louisiana Motor Transport Association (LMTA) has welcomed these reforms, calling them significant progress toward alleviating a legal landscape that has contributed to rising insurance costs.
However, LMTA noted that more remains to be done in tackling the “insurance crisis and lawsuit abuse culture,” with key issues still needing attention such as transparency in medical billing and the elimination of phantom damages.
