In an attempt to be business friendly, sometimes state legislators introduce bills that diminish the rights of Nebraska citizens.
That appears to be the case with LB79, a bill introduced in the 2025 Nebraska Legislative Session by Senator Bob Hallstrom.
LB79 would cause dismissal of any direct negligence claim against a commercial motor carrier company if the company stipulates the alleged negligence was caused by the company’s employee or contractor within the course and scope of employment. If the employee or contractor caused or contributed to the damages, the injured party can only recover under the legal doctrine known as respondeat superior – so the company is answering for the fault of the driver – not for any fault that may fall at the door of the motor carrier company.
So what does this mean?
Let’s say you were badly injured in a collision with a semi-trailer truck driven by the employee of a big trucking firm. You were not at fault, and you discovered the driver had little training on that specific type of truck and a history of traffic violations. You also learn the maintenance on the truck was not up to date, and the driver was ill with the flu but trying to get the cargo to its destination on the company’s schedule.
If LB79 is passed into law, you would not be able to address any of these issues in your lawsuit. The jury would not be able to consider all the factors pertaining to the trucking company’s hiring, training and supervising errors, covering up the negligence of the motor carrier company.
This is not only unfair to the injured party, it is also bad public policy. It chips away the rights of Nebraska citizens.
Please contact your state senator to oppose the passage of LB79.
