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Your MCM Board of Directors is in the process of finalizing our legislative agenda and would like your input. Currently we are looking at at least three issues that would involve some form of tort reform:
1. Admissibility of non use of seat belts, while MCM will continue to support efforts to pass a primary seat belt law in Montana, we also think it is important for evidence of seat belt use to be available to the judge or jury. Currently that is not available in Montana, by law that evidence is specifically excluded from being admitted in court. We think that those individuals who believe it is their right to not wear a seatbelt should be held accountable for their actions.
2. Indemnification, currently many shippers require a clause in their contract that holds you responsible for all damages that you or your employee may receive while transporting their products. This responsibility even applies if it is their negligence. Eighteen states nation wide have prohibited these actions and Montana would like to follow suit.
3. Work Comp Disallowance of percentage of injury. Currently a number of states either disallow a percentage or the entire claim for an injury that is caused by negligence of the employee, examples are, alcohol, drug use, and failure to follow company policies (seat belts, lock out tag out, and safety equipment)
If there are other ideas or recommendations we would like to hear from you. We will again continue to monitor all measures that pertain to workers compensation, labor laws, taxes and proposed uses of fuel tax dollars for non highway projects.
Please let as know by emailing Spook at spook@mttrucking.org ASAP if there are other measures you would like us to pursue.
Thanks again for your support and investment in Motor Carriers of Montana.
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