Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                    Enrolled Committee Substitute for Senate Bill 583
 By Senators Stuart, Azinger, Deeds, Phillips, Smith,
               Tarr, Taylor, and Roberts [Passed March 9, 2024; to take effect July 1, 2024]
     Enr CS for SB 583
  AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
         designated §55-7-32, relating to employer liability and damages in civil actions arising out
         of the operation of commercial motor vehicles; defining terms; establishing cap on
         noneconomic loss in certain circumstances; providing exceptions to applicability of cap;
         permitting cap to increase annually to account for inflation; setting forth effective date; and
         providing for applicability to causes of action arising after effective date.
     Be it enacted by the Legislature of West Virginia:
  ARTICLE 7. ACTIONS FOR INJURIES.
  §55-7-32. Liability for employee negligence in actions involving commercial motor
  vehicles.
         (a) As used in this section:
         "Commercial motor vehicle" means as defined in §17E-1-3(7) (A), (B), and (D) of this code,
  and also includes a truck tractor, road tractor, trailer, semitrailer, and pole trailer as defined in
  §17A-1-1 of this code. For purposes of this section, "commercial motor vehicle" does not include a
  vehicle serving as a common carrier of passengers, a commercial motor vehicle as defined in
  §17E-1-3(7)(C) of this code, a school bus as defined in §17E-1-3(33) of this code, or other vehicle
 that is primarily engaged in transporting passengers.
        "Employer defendant" means (A) the owner of a commercial motor vehicle; (B) the
 employer of the person operating a commercial motor vehicle; or (C) any other person or entity
 that owns, leases, rents, or otherwise holds or exercises legal control over a commercial motor
 vehicle or operator of a commercial motor vehicle.
        "Operation" means driving, operating, or being in physical control of a commercial motor
 vehicle in any place open to the general public for purposes of vehicular traffic.
        (b) In any civil action for personal injury or wrongful death involving the operation of a
 commercial motor vehicle requiring a commercial driver’s license, the maximum amount
 recoverable by each person injured or killed against the employer defendant of a commercial
                                                  1    1
     CS for SB 583
 motor vehicle as compensatory damages for noneconomic loss may not exceed $5 million for
 each occurrence, regardless of the number of claims or theories of liability.
         (c) The limitation on noneconomic damages contained in subsection (b) of this section is
 not available to any employer defendant that does not have commercial motor vehicle insurance in
 the aggregate amount of at least $3 million for each occurrence covering the personal injury that is
 the subject of the action.
         (d) This section does not apply if the civil action involving a commercial motor vehicle
 arises from an incident for which an operator or driver is found to have:
         (1) At the time of the incident, operated a commercial motor vehicle with an alcohol
 concentration of .04 or more as defined in §17E-1-14 of this code;
         (2) Following the incident, refused to submit to testing required under §17E-1-15 of this
 code;
         (3) At the time of the incident, operated a commercial motor vehicle under the influence of
 any controlled substance, other drug, or inhalant substance;
         (4) At the time of the incident, operated a commercial motor vehicle in excess of the hours
 of operation established under state or federal regulations;
         (5) At the time of the incident, operated a commercial motor vehicle in willful or wanton
 disregard for the safety of persons or property;
         (6) At the time of the incident, operated a commercial motor vehicle loaded in excess of the
 maximum gross vehicle weight rating established under state or federal regulations, not including
 when an operator or driver is legally operating the vehicle according to permit issued under §17C-
 17-11 of this code; or
         (7) At the time of the incident, operated a commercial motor vehicle while engaging in one
 or more of the acts that constitute distracted driving as set forth in §17C-14-15(e) of this code.
         (e) On January 1, 2026, and in each year thereafter, the limitation on compensatory
 damages for noneconomic loss contained in subsection (b) of this section shall increase to
                                                  1     2
     CS for SB 583
 account for inflation by an amount equal to the Consumer Price Index published by the United
 States Department of Labor, not to exceed 150 percent of the amounts specified in said
 subsection.
         (f) This section shall be effective on July 1, 2024, and shall only apply to causes of action
 arising after the effective date.
                                                  1   3
Statutes affected: 
Introduced Version: 55-7-32, 55-7-33
Committee Substitute: 55-7-32
Engrossed Committee Substitute: 55-7-32
Enrolled Committee Substitute: 55-7-32