The bill introduces a new section, 327D.16A, which addresses the issue of comparative fault in actions against railway corporations. Specifically, it stipulates that in cases involving crashes or collisions where the freight or work railroad train exceeds 7,000 feet in length, and the jury finds that the train's length contributed to the incident, the claimant's recovery for damages—whether for property damage, personal injury, or death—will not be reduced based on the comparative fault of the claimant or other parties involved.
This legislation effectively removes the application of comparative fault principles in these specific circumstances, contrasting with current law, which allows for damages to be diminished in proportion to the claimant's fault. By doing so, the bill aims to provide greater protection for claimants in cases where the length of the train is a contributing factor to the accident, ensuring that railway corporations cannot reduce their liability based on the claimant's potential fault.