Relating to damages owed by a party at fault in crashes and collisions involving commercial motor vehicles

This bill relates to damages owed by a party at fault in crashes and collisions involving commercial motor vehicles (CMVs). The bill requires a party responsible who is at fault in a crash or collision involving a CMV to arrange for and pay the costs associated with the provision of a like replacement CMV to be delivered to the owner or operator of the damaged CMV, if requested by such owner or operator, without unnecessary delay. The like replacement CMV must be provided by the person at fault until the required repairs to the damaged CMV are completed or the damaged CMV is ready to be fully put back into service, whichever occurs first. A party responsible who fails to arrange and provide a like replacement CMV must reimburse the owner or operator of the damaged CMV for the costs incurred by the owner or operator to obtain a like replacement CMV, including but not limited to rental charges, to use until the required repairs to the damaged CMV are completed or the damaged CMV is placed back into service by the owner or operator, whichever occurs first. The bill requires a party responsible who is at fault and causes damage to a CMV in a crash or collision to compensate the owner or operator of the damaged CMV for each day the owner or operator is unable to operate the CMV, or a like replacement CMV provided by the person at fault, as a result of the crash or collision. The compensation must equal the average of revenue the owner or operator received for each day the CMV was in service based on the previous in-service days. The bill authorizes the owner or operator of a damaged CMV to waive the provisions requiring a party responsible to provide a like replacement CMV. If so waived, the party responsible who is at fault is not required to provide a like replacement CMV but must compensate the owner or operator of the damaged CMV as required under the bill. Under current law, any damages for fault resulting in injury to property must be diminished in proportion to the amount of fault attributable to the claimant. Such comparative fault considerations do not apply to the bill.