Insurance companies seem to have a reputation. You may have heard the phrase, “delay, delay, delay, don’t pay.” Well, legislators in Springfield are trying to change that. We’ve all experienced interruptions due to the COVID-19 pandemic. Court houses have shut down as well and only relatively recently have cases been back on the court call for mostly remote video link proceedings. This reality has put a lot of injury victims in an unfair holding pattern when it comes to legitimate, meritorious claims. With some Illinois county courts already being among a few of the busiest in the nation, this has made an already frustrating process for plaintiffs an even more difficult one.

People who have been injured because of no fault of their own may not be able to work or earn a living in addition to other financial hardships they may have experienced because of their loss. All this, and we haven’t even begun to discuss their injuries and medical appointments. Corporations and insurance companies don’t often have to deal with similar monetary burdens when a claim arises against them. With few exceptions, they keep operating and generating revenue. The current system seems allows them the benefit of delaying payment on legitimate claims.

In an effort to remedy this situation the Illinois House and Senate passed a bill early in January of 2021, that if Governor Pritzker signs, would add 9% per year prejudgment interest to wrongful death and personal injury verdicts. Currently, the law allows post-judgment interest after a verdict. According to court statistics, the overwhelming majority of cases settle before trial. This bill would only apply to approximately 3% of cases that result in a judge or jury determining if the hurt party bringing the lawsuit had a valid or meritorious case.

Some may argue that this law is unfair to companies that have a right to dispute the value of claims and the government shouldn’t try to speed up payments by making them settle more quickly or face a penalty. However, Illinois is quite late to the game when it comes to this type of law. 46 of 50 states already have some form of a prejudgment interest law on their books. In reality, the law helps to reduce unreasonable delays for legitimate claims. If a case goes to trial and the person who brought the lawsuit loses, of course, no interest will be assessed. An injury or wrongful death claim will still need to be proven in court for this change to apply. Additionally, the passage of this bill won’t make companies pay the full amount of interest if the claim that started before the law takes effect. Instead, yearly interest will start to accrue after the bill becomes law for those cases.

In reality, when it comes to legitimate claims, insurance companies and corporations don’t stand to lose much of anything at all by having to pay interest on cases where they delay settlement. Whereas injury victims with meritorious claims will likely be treated more fairly by having their cases resolves sooner. Moreover, the public will benefit from a court system that is less bogged down by such a large case load. This change could benefit everyone.

Last week we wrote about the pressure facing the Federal Motor Carrier Safety Administration to keep our highways safe with stricter regulations for truckers. Here’s more about necessary improvements to our laws so that everyone is safer on the road.

Large-truck accidents accounted for nearly 4,000 fatalities in 2013—the fourth straight year that the number of truck-related deaths has risen, according to the National Transportation Safety Board. That’s a 17 percent increase based on numbers collected by the National Highway Traffic Safety Administration.

In a statement, the NTSB recommended that trucking companies explore more ways to manage driver fatigue and sleep disorders, afflictions that have been the source of several deadly accidents on the road. Sleep deprivation and mandated driving hours remain constant topics of discussion among safety experts and legislators, some of whom find themselves arguing opposite ends of the spectrum. The NTSB also unveiled its “Most Wanted List” of transportation improvements for 2015, including strengthening the safety of commercial trucking through increased industry oversight.

The statistics come at a time when Congress voted to tamp down trucking regulations last year, part of an ongoing trend of legislation that effectively weakens driving limitations and mandated driving hours. An example of one such amendment, passing on a 21-9 vote by the Senate Appropriations Committee in early June, rescinded a provision that required drivers to take breaks between the hours of 1-5am. The vote passed despite widespread opposition by safety advocates, transportation experts and the White House, all of which expressed concern for those driving at high speeds in the wee hours of the morning.

Also from NTSB: Highway regulators have failed to act on more than 100 recommendations over the last year to improve truck safety, as trucking lobbyists aggressively seek to protect the working rights of operators and those who maintain clean driving records. It’s a proverbial game of cat and mouse in the eyes of many.

The Board says that safety should be the industry’s highest priority, though recent amendments and deregulations seemingly prove otherwise. When it comes down to it, trucking accidents are increasingly preventable, thanks to new technology such as vehicle sensors. At this stage, sensors are more of a suggestion than a requirement.

So why aren’t more laws being passed to prevent accidents from happening?

The cynical person might chalk it up to the nature of the system — high price of doing business in a fast-paced world. But others, like Steve Pociask, President of the American Consumer Institute, in an opinion piece for the Daily Caller, points out that revisiting transportation reform should be a higher priority for the 114^th Congress, whether it be new laws and regulations or revisiting long-standing laws to determine what’s working and what isn’t. But assuming the issue gets swept under the rug, it’s safe to conclude that accidents will continue to happen.

Illinois Legislature Sends Bill to Governor’s Desk to Help Injury Victims Get Justice Sooner / End Delays

Why Aren’t More Trucking Laws Being Passed?