FAIR Trucking Act

Bill Number

H.R. 5268

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Law

Status

Introduced

Latest Action

2025-09-10: Referred to the House Committee on the Judiciary.

Last Updated

2026-05-15T08:07:54Z

AI-Generated Summary

Purpose

The FAIR Trucking Act aims to expand federal court jurisdiction over certain civil lawsuits related to highway accidents involving interstate commercial motor vehicles. It seeks to ensure that high-value cases with bodily harm or death are handled in federal courts when there is diversity of citizenship between parties, promoting consistency in interstate commerce disputes.

Key Provisions

• Jurisdictional Expansion: Amends Section 1332 of Title 28, United States Code (which governs diversity jurisdiction, or cases between parties from different states), by adding a new subsection (e).
• Federal district courts gain original jurisdiction (first authority to hear the case) over civil actions alleging bodily harm or loss of life from accidents involving one or more commercial motor vehicles (defined under federal transportation law as vehicles used for business transport on public roads) operating in interstate commerce (across state lines).
• The lawsuit must involve an amount in controversy exceeding $5,000,000 (excluding interest and court costs).
• Diversity of citizenship is required:
• Any plaintiff must be a citizen of a different U.S. state than any defendant.
• Or, a plaintiff who is a foreign state or its citizen/subject versus a U.S. state citizen defendant.
• Or, a U.S. state citizen plaintiff versus a foreign state or its citizen/subject defendant.
• Citizenship Determination:
• Plaintiff's citizenship is assessed at the time of filing the initial or amended complaint, or when an amendment or motion first establishes federal jurisdiction.
• Unincorporated associations (groups without formal corporate structure, like partnerships) are treated as citizens of the state where they have their main business operations and the state under whose laws they are formed.
• Technical Amendment: The existing subsection (e) of Section 1332 is redesignated as (f) to accommodate the new provision.

Significant Changes to Existing Law

• Under current law, diversity jurisdiction requires complete diversity (all plaintiffs from different states than all defendants) and an amount over $75,000, but it does not specifically target trucking accidents or set a higher threshold like $5 million.
• This bill introduces a specialized rule for interstate trucking cases, lowering the diversity bar in some scenarios (e.g., allowing jurisdiction if any plaintiff and any defendant are diverse) while raising the monetary threshold to focus on major cases.
• It creates mandatory federal jurisdiction for qualifying cases, potentially shifting them from state courts without the option for removal (a process to move cases to federal court).

Potential Impacts

• On Government Agencies: Minimal direct impact, but federal courts (part of the judicial branch) may see an increase in caseloads for transportation-related disputes, potentially requiring resource adjustments. The Department of Transportation could indirectly benefit from uniform federal handling of interstate commerce issues.
• On Citizens: Accident victims (plaintiffs) in high-stakes cases may gain access to federal courts, which could offer perceived fairness or expertise in interstate matters, but might face higher costs or delays. Trucking accident survivors or families could see streamlined resolutions in diverse-citizenship scenarios.
• On International Relations: Limited impact, but the inclusion of foreign citizens/states could affect cross-border trucking disputes, ensuring U.S. federal oversight in cases involving international parties without altering treaties.
• Overall, it may reduce "forum shopping" (choosing favorable state courts) and promote national standards for interstate trucking liability.

Main Stakeholders Affected

• Interstate Motor Carriers: Trucking companies operating across states; they may prefer federal courts for predictability but face higher jurisdictional exposure.
• Plaintiffs (Accident Victims and Families): Individuals or estates seeking damages for injuries or deaths; they gain a federal venue option for large claims but must meet strict criteria.
• Insurance Companies and Legal Professionals: Insurers covering trucking firms could see shifts in litigation venues, affecting settlement strategies; attorneys may need to adapt to federal procedures.
• State Courts and Judges: Potential decrease in handling these specific cases, freeing up state resources but possibly reducing local control over transportation disputes.

Notable Legal, Constitutional, or Political Implications

• Legal: Enhances federal authority under the Commerce Clause (constitutional power over interstate trade), but could face challenges if seen as overreaching into state tort law (personal injury claims). The $5 million threshold ensures focus on significant cases, avoiding overload of federal dockets.
• Constitutional: Aligns with Article III (federal judicial power) by expanding diversity jurisdiction without violating states' rights, as it targets interstate commerce—a federal domain.
• Political: Introduced by bipartisan sponsors, it reflects interests in balancing business efficiency (for trucking industry) with victim protections, potentially influencing transportation policy debates without major partisan divide. No explicit funding or enforcement mechanisms, so implementation relies on existing court systems.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Hinson, Ashley [R-IA-2]

Cosponsors (5)

Rep. Barrett, Tom [R-MI-7], Rep. Gill, Brandon [R-TX-26], Rep. Schmidt, Derek [R-KS-2], Rep. Van Orden, Derrick [R-WI-3], Rep. Harrigan, Pat [R-NC-10]

Recent Actions

• 2025-09-10: Referred to the House Committee on the Judiciary.
• 2025-09-10: Introduced in House
• 2025-09-10: Introduced in House

Bill Versions

• Forum Accountability and Integrity in Roadway Trucking Act — issued 2025-09-10 — PDF (3 pages)