FAIR Trucking Act: New Bill Targets “Weaponized Litigation” Against Trucking Companies

 A new piece of legislation aims to reshape how high-dollar trucking accident cases are handled in court.  On September 10, Representatives Tom Barrett (R-MI) and Ashley Hinson (R-IA) introduced the Forum Accountability and Integrity in Roadway (FAIR) Trucking Act, a bill designed to combat what lawmakers describe as “lawsuit abuse” within the trucking industry.

The measure, H.R. 5268, would shift certain cases from state courts into federal jurisdiction.  Specifically, federal courts would hear lawsuits if:

• The case involves commercial trucks engaged in interstate commerce,
• The damages sought exceed $5 million, and
• At least one plaintiff and one defendant are from different states.

Why the Bill Was Introduced

Over the past decade, trucking companies — particularly small operators — have increasingly found themselves on the receiving end of what are often called nuclear verdicts: jury awards that climb into the tens of millions of dollars.  Critics argue that personal injury attorneys have learned to “forum shop,” steering cases into state courts where sympathetic juries may deliver outsize awards.

Rep. Barrett emphasized that this practice has become a serious threat to small businesses that make up the backbone of the industry.   With 96% of trucking companies operating fleets of 10 trucks or fewer, even a single lawsuit can be financially devastating.  Barrett warned that these tactics don’t just harm carriers — they also contribute to staged accidents and undermine legitimate victims’ ability to receive fair compensation.

Hinson echoed those concerns, framing the bill as a safeguard for both truck drivers and the supply chain at large.  “Without federal oversight, truckers face unjust litigation that distorts settlements and threatens supply chains,” she said.  “This bill puts safety and fairness first — deterring staged collisions, protecting jobs and small businesses, and ensuring justice is the focus — not profit.”

Industry Endorsements

The bill has already gained the endorsement of the American Trucking Associations (ATA), which has been vocal about the impact of “nuclear verdicts” on carriers and consumers alike.

Chris Spear, ATA President & CEO, stated that “jackpot justice” in certain courts has driven up insurance rates to unsustainable levels, placing many trucking businesses one lawsuit away from closure.  He added that inflated legal settlements don’t just hurt carriers — they also ripple through the economy, raising the price of goods for all consumers.

The Bigger Picture

The FAIR Trucking Act arrives at a time when the trucking industry is already under significant pressure.  Insurance costs have been climbing steadily, and staged accident schemes have become a growing concern, particularly in major freight corridors.  Proponents of the bill argue that without reform, trucking companies will remain prime targets for opportunistic litigation — further destabilizing an industry essential to national commerce.

If enacted, the legislation could reduce the incentive for forum shopping, protect small businesses from catastrophic payouts, and help stabilize insurance markets.  However, critics are likely to push back, arguing that moving cases into federal courts could make it harder for accident victims to pursue claims.

What’s Next?

The introduction of H.R. 5268 is just the beginning.  The bill will now move through the legislative process, where it will face debate and possible amendments.  Supporters hope it will gain bipartisan momentum, especially given its potential impact on supply chain reliability and small-business survival.

For the trucking community, this legislation represents more than just legal reform — it’s an attempt to level the playing field in a system that many say has been tilted against them for far too long.