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Deb Fischer (R-NE)
Deb Fischer
Republican·Nebraska

Fischer Introduces Legislation Addressing Excessive Trucking Lawsuits

WASHINGTON – U.S. Senator Deb Fischer (R-NE) has introduced the Uniform Vehicle Safety Standards Act to ensure federal vehicle safety standards set by the National Highway Traffic Safety Administration are the nationwide standards. This legislation comes amid an increase in costly civil lawsuits where damages are awarded based on arbitrary standards, even when vehicles and equipment are compliant with federal standards. This has resulted in an increase in insurance costs and higher trucking prices, which are passed on to consumers. “These decisions are not being driven by the law, and we need to set the record straight,” Fischer said. “Federal standards are drafted for the safety of drivers and others on the road. These regulations should be consistent across states, and consumers should not be forced to pay more because of unfair practices that raise transportation costs.” The Uniform Vehicle Safety Standards Act would prevent litigation when the safety component at question is fully compliant with Federal Motor Vehicle Safety Standards (FMVSS). Plaintiffs could still bring claims for manufacturing defects, failure to meet FMVSS, breach of warranty, or other independent legal violations. Representative Mike Flood (NE-01) has introduced companion legislation in the U.S. House of Representatives. The bill is supported by the American Trucking Associations, the Alliance for Automotive Innovation, the International Foodservice Distributors Association, the Truck Trailer Manufacturers Association, the Truckload Carriers Association, the Truck Renting and Leasing Association, American Property Casualty Insurance Association, the American Bus Association, the National Tank Truck Carriers, the National Association of Trailer Manufacturers, the National Motor Freight Traffic Association, the National Association of Mutual Insurance Companies, the Transportation Intermediaries Association, the Nebraska Trucking Association, Werner Enterprises, and Timpte. Alex Rosen, Senior Vice President, American Trucking Associations, said, “When NHTSA establishes a federal safety standard, manufacturers and motor carriers should be able to rely on that determination.  Allowing lawsuits to effectively impose equipment mandates that diverge from federal requirements creates uncertainty, drives up costs, and threatens the uniformity that keeps our nation's supply chain moving safely and efficiently. The trucking industry applauds Senator Fischer for introducing this commonsense legislation to affirm NHTSA’s role as the nation's expert regulator for motor vehicle safety standards.  If NHTSA, after evaluating the available evidence through its rulemaking process, determines that a particular standard strikes the appropriate balance to maximize motor vehicle safety, that expert determination should carry greater weight than the hindsight judgments advanced by profit-seeking trial attorneys in individual courtrooms.” Alliance for Automotive Innovation said, “ This is a commonsense bill from Sen. Fischer that makes it clear: if automakers meet the government's mandatory Federal Motor Vehicle Safety Standards -- and all automakers do -- then they shouldn't also be targeted with lawsuits and litigation.” Kent Grisham, President and CEO, Nebraska Trucking Association, said, “Senator Fischer’s record of leadership on critical transportation issues is legendary. She is a true hero to trucking. The Uniform Vehicle Safety Standards Act is another example of her commitment to maintaining a strong transportation network and ensuring that carriers can continue investing in the people, equipment, and technologies that improve roadway safety. Nebraska’s trucking industry plays a vital role in supporting agriculture, manufacturing, retail, construction, and virtually every sector of our state’s economy. Senator Fischer knows that when manufacturers and operators have demonstrably adhered to all applicable laws, regulations, and recognized safety practices, they should not face unreasonable liability based on hindsight or inconsistent standards imposed after the fact. Passing this legislation will establish safeguards against such nonsense in our courts.” Ryan Streblow, President and CEO, National Tank Truck Carriers, said, “NTTC strongly supports the Uniform Vehicle Safety Standards Act, and commends Senator Fischer and Representative Flood for their leadership to provide much needed relief to the commercial trucking industry - the backbone of the American economy," said Ryan Streblow, President & CEO of National Tank Truck Carriers. "The American motoring public rightfully expects truck manufacturers to be built to high federal safety standards, but it is unreasonable to hold any industry accountable to 50 standards created through 50 state courts. The National Highway Traffic Safety Administration produces world-leading safety regulations, and state suits should not be allowed to supplant federal standards.” Jake Jacoby, President and CEO, Truck Renting and Leasing Association, said, “TRALA strongly supports the Uniform Vehicle Safety Standards Act, which will protect truck rental and leasing companies from unreasonable lawsuits involving vehicles that fully comply with federal safety standards. This legislation will preserve a consistent national framework, reduce costly litigation, and prevent optional safety equipment from being treated as mandatory through state-by-state court decisions.” Jim Mullen, President, Truckload Carriers Association, said, “The Truckload Carriers Association and its membership proudly support the Uniform Vehicle Safety Standards Act, as it reinforces the principle that there should be one national standard for vehicle safety. Motor carriers that comply with federally established safety requirements should not be subjected to inconsistent lawsuits seeking to impose standards beyond those adopted by the National Highway Traffic Safety Administration. Recent litigation in the trucking industry has demonstrated the importance of protecting companies that comply with federal safety regulations, providing greater certainty for businesses operating across state lines. By reducing unnecessary litigation costs and preventing conflicting court decisions, this legislation strengthens interstate commerce while preserving the integrity of the federal vehicle safety framework. The truckload industry believes safety is best advanced through clear, uniform federal standards that apply consistently nationwide, rather than through a patchwork of differing legal expectations imposed through litigation.” Fred Ferguson, President and CEO, American Bus Association, said, “Motorcoaches are interstate by nature, and our industry depends on clear, consistent federal vehicle safety standards. Operators and manufacturers should be held to the rigorous safety requirements established by NHTSA, but they should not face a patchwork of after-the-fact lawsuits that effectively impose different vehicle equipment standards from one state to the next. The Uniform Vehicle Safety Standards Act provides needed certainty while preserving NHTSA’s central role in establishing and updating vehicle safety standards. The American Bus Association thanks Congressman Flood and Senator Fischer for their leadership and is proud to support this commonsense legislation. Jimi Grande, Senior Vice President of Federal and Political Affairs, National Association of Mutual Insurance Companies, said, “Legal system abuse, including excessive litigation and nuclear verdicts, is making things more expensive across the economy for every American. NAMIC applauds Congressman Flood and Senator Fischer for leading on this important issue to provide much needed legal certainty for truckers, insurers, and the consumers who rely on them.” Chris Burroughs, President and CEO, Transportation Intermediaries Association, said, “We are pleased to support this bill which will close this loophole and ensure that standards are set at the federal level, providing much-needed certainty and enhancing safety. Certainty is essential to keeping America’s roads safe, and under the current legal framework, motor vehicle manufacturers remain exposed to civil liability at the state level even if they have met the applicable federal safety standards.” Mala Parker, Senior Vice President of Government and Public Affairs, International Foodservice Distributors Association, said, “IFDA thanks Senator Fischer and Representative Flood for introducing the Uniform Vehicle Safety Standards Act. Foodservice distributors operate some of the largest commercial fleets in the country and invest heavily to ensure federal motor vehicle safety requirements are met. This bill gives our industry much needed legal certainty by creating uniformity among safety requirements while keeping our nation’s roads safe." Debbie Sparks, Executive Director, said, National Motor Freight Traffic Association, said, “NMFTA supports the Uniform Vehicle Safety Standards Act of 2026. A single, uniform federal safety standard, rather than a patchwork of common law verdicts second guessing manufacturers who met that standard in good faith, restores consistency to how motor vehicle safety compliance is treated across state lines. We appreciate Senator Fischer and Congressman Flood's attention to this issue.” Nathan Meisgeier, President and Chief Legal Officer, Werner Enterprises, said, “By establishing a uniform standard, this legislation shields carriers from frivolous lawsuits while ensuring motor vehicle manufacturing upholds established, federally mandated safety requirements for all drivers.” ###

Source: https://www.fischer.senate.gov/public/index.cfm/news?id=BEB10BC9-60DA-4136-8CD2-B13827B51865
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