1. Short title
This Act may be cited as the “Highway Accident Fairness Act of 2021”.
Highway Accident Fairness Act of 2021
A BILL
To amend title 49, United States Code, to prohibit staged collisions with commercial motor vehicles, and for other purposes.
2. Purposes
The purposes of the Act are to—
assure fair and prompt recoveries for highway accident victims;
benefit society by preserving predictability and stability in the movement of freight in interstate commerce and lowering costs to the supply chain and, ultimately, all Americans;
protect the motoring public from the safety hazard of staged collisions between passenger cars and commercial motor vehicles;
prevent fraudulent claims that result from staged collisions;
protect law enforcement agencies and highway departments from expending resources dealing with the aftermath of staged collisions; and
minimize the impact of staged collisions on the supply chain and the movement of goods in interstate commerce.
3. Prohibition on staged collisions with commercial motor vehicles
In general— Chapter 805 of title 49, United States Code, is amended by adding at the end the following new section:
“80505. Staging of motor vehicle collisions with commercial motor vehicles
“(a) Penalty for staging collision—A person operating a motor vehicle who intentionally causes a collision with a commercial motor vehicle, as defined in section 31101, or arranges for another person to cause such a collision, shall be fined under title 18, imprisoned for not more than 20 years, or both.
“(b) Penalty for staging collision causing serious bodily injury—A person operating a motor vehicle who intentionally causes a collision with a commercial motor vehicle, as defined in section 31132, that results in serious bodily injury or death to another person, or arranges for another person to cause such a collision, shall be fined under title 18, imprisoned for not less than 20 years, or both.
“(c) Limitation on prosecution—A person may not be prosecuted for an act under this section if the person has been convicted or acquitted on the merits for the same act under the laws of a State, the District of Columba, or a territory or possession of the United States.”
Clerical amendment— Chapter 805 of title 49, United States Code, is amended by adding at the end the following:
4. Federal district court jurisdiction for highway accident actions against interstate motor carriers
Application of federal jurisdiction— Section 1332 of title 28, United States Code, is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following:
“(e)
“(1) The district courts shall have original jurisdiction of any civil action alleging bodily harm or loss of life involving one or more commercial motor vehicles, as defined in section 31101 of title 49, operating on a public road in interstate commerce, in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and is a case in which—
“(A) any plaintiff is a citizen of a State different from any defendant;
“(B) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or
“(C) any plaintiff is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.
“(2) Citizenship of plaintiffs shall be determined for purposes of paragraph (1) as of the date of filing of the complaint or amended complaint, or, if the case stated by the initial pleading is not subject to Federal jurisdiction, as of the date of service by plaintiffs of an amended pleading, motion, or other paper, indicating the existence of Federal jurisdiction.
“(3) For purposes of this subsection, an unincorporated association shall be deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized.”
5. Third-party litigation funding disclosure in highway accident cases
In general— Chapter 111 of title 28, United States Code, is amended by adding at the end the following:
“1660. Third-party litigation funding disclosure in highway accident cases
“(a) In general—In any civil action in State or Federal court alleging bodily harm or loss of life involving one or more commercial motor vehicles, as defined in section 31101 of title 49, operating on a public road in interstate commerce, counsel for plaintiff or plaintiffs shall—
“(1) disclose in writing to the court and all other named parties to the action the identity of any commercial enterprise, other than a plaintiff or plaintiff’s counsel of record, that has a right to receive payment that is contingent on the receipt of monetary relief in the action by settlement, judgment, or otherwise; and
“(2) produce for inspection and copying, except as otherwise stipulated or ordered by the court, any agreement creating the contingent right.
“(b) Timing—The disclosure required by subsection (a) shall be made not later than the later of—
“(1) 10 days after execution of any agreement described in subsection (a)(2); or
“(2) the time of service of the action.
“(c) Statutory construction—Nothing in this section shall be construed to affect the admissibility of any materials required to be disclosed or produced under subsection (a) as evidence in any civil action.”
Technical and conforming amendment— The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following:
6. Applicability
The amendments made by sections 4 and 5 shall apply with respect to any case pending on or commenced on or after the date of enactment of this Act. The amendments made by section 3 shall apply beginning on the date of enactment of this Act.