107th General Assembly back to work in Nashville with bills that affect civil justice

The 2nd session of the 107th General Assembly resumed in Nashville on January 10, 2012. One of the first major issues addressed was redistricting which occurs every ten years after the federal census.  During this process the state’s legislative district maps are redrawn based on regional population shifts. Several changes were made to the previous maps and citizens should be aware of the new district lines. To view the maps and find your legislators go to www.capitol.tn.gov.

Governor Haslam recently introduced his annual legislative package.  His proposal focused on two big tax cuts.   The inheritance tax exemption would be raised from $1 million to $1.25 million, and the states sales tax on food would decrease from 5.5 percent to 5.3 percent.  An anti-crime package was also included as well as several proposals dealing with restructuring state agencies.

Several bills introduced by legislators, if passed, would adversely affect the civil justice system.  One bill specifically allows hospitals and doctors to provide negligent medical care in Tennessee emergency rooms.  Unless a patient could prove gross negligence, a standard just short of criminal behavior, there would be no protection for innocent victims of medical harm.

In another bill, proposed legislation known as “loser pays” would force those with legitimate claims and serious injuries to abandon their legal rights or risk jeopardizing their financial futures.  This bill makes the loser in a lawsuit pay the full legal costs and fees of both parties, including the exorbitant defense costs of big insurance companies.  Small businesses and families with legitimate claims are prevented from holding wrongdoers accountable.  Since people already harmed and injured by others are most often in a weakened financial position from the outset, innocent victims and civil claimants would have a strong incentive not to file suit to recover compensation, despite the merits of their case.  This proposal destsroys centuries old legal tradition, and cuts against the fundamental principle that those who are harmed should be made whole.

Several pieces of recently introduced legislation grant different types of immunity and propose changes to Tennessee’s current workers compensation system in ways that would negatively impact injured workers.

As in any session of the legislature, the most effective way to combat these destructive bills is for constituents to reach out and communicate their opposition to their representatives in the Tennessee House and Senate.

New Trucking Regulation to Protect Against Repeated Hours of Service Violations

According to a press release from the Federal Motor Carrier Safety Administration (part of the United States Department of Transportation), an important regulation affecting interstate commercial truck and bus companies goes into effect June 1st, 2012.  This regulation will require that those agencies having significant patterns of hours-of-service (HOS) violations must install electronic on-board recorders (EOBRs) in their vehicles.

How will this impact trucking safety?

According to the National Highway Traffic Safety Administration (NHTSA), a person is killed or injured in a truck accident every sixteen minutes in the United States.  Truck driver fatigue is often a contributing factor in many of these accidents.

Tennessee truck accident lawyers at Gilreath & Associates know that truck drivers, by law, may only work for a certain number of hours before they must take rest breaks.  Drivers must also record the hours that they work in log books, and those books may be used as evidence in the event of a lawsuit.

However, it has long been believed that truck drivers and their agencies often falsely record such hours of work, stating that the drivers drove fewer hours than they actually did.  This allows assigned routes to be completed faster, resulting in less time lost to the driver, and more money for the trucking industry, all at the expense of safety.

Such practices result in more fatigue-related accidents.  The new rule requiring that EOBRs be attached to certain commercial vehicles means the number of hours drivers spend operating their vehicles will be automatically recorded.  As a result, truck operators and their companies will no longer be able to falsely record hours in their logbooks.  It is hoped that this regulation will encourage drivers to take the required number of rest breaks for an appropriate duration, thereby reducing the number of fatigue-related accidents.

Contact a Tennessee truck accident lawyer today

The Tennessee truck accident lawyers at Gilreath & Associates want to help resolve your legal issues.  You can count on our compassion, experience and skill to pursue a positive outcome for your case. Gilreath & Associates is a member of the Association of Interstate Trucking Lawyers of America. Sid Gilreath is a national board member. AITLA is a national association of committed lawyers who have joined together to improve roadway safety by working to eliminate unsafe and illegal interstate trucking practices. Don’t fall for the claims of attorneys promising fast cash and no hassle. Contact us or call toll free: 800-637-7024 for an experienced Tennessee truck accident attorney.

Medicare Secondary Payer Legislation

The American Association for Justice is working on improving the Medicare Secondary Payer process through new legislation. A key factor in settling cases involving Medicare and Medicaid services is getting the Centers for Medicare & Medicaid Services (CMS) to provide the amount of conditional payment prior to settlement.

H.R. 1063 is sponsored by Reps. Tim Murphy (R-PA) and Ron Kind (D-WI). It is supported by both parties, and the business and insurance communities. The bill currently has 31 co-sponsors.

The U.S. House Oversight Subcommittee of the House Energy and Commerce Committee held a hearing on this bill in June. The testimony- featuring AAJ, an insurance company, a consumer group and business- revealed agreement that providing the amount of conditional payment prior to settlement is a much needed reform.