Legislation known as the Staged Accident Fraud Prevention Act has caught the attention of some Florida attorneys.
The bill proposed by Florida U.S. Senator Ashley Moody, would make it a federal crime it a federal crime to intentionally cause a collision with a commercial vehicle, with potential prison sentences of up to 20 years and stiffer punishment when someone is seriously injured or killed.
And the bill would also go after bad actors that would include the driver, doctors and lawyers who collude together to make money from these accidents.
Senator Moody’s office says there has been an increase in these types of accidents.
But some members of the Florida legal system believe Sen Moodys proposal could become a weapon against legitimate truck accident victims.
Florida personal injury attorney Doug Burnetti says the trucking and insurance industries could seize on the new law and its accompanying rhetoric to cast suspicion on people with legitimate injuries, particularly when fault is disputed or the circumstances of a crash are unusual.
“Truck accident victims already face companies with the resources to investigate every detail of their lives and challenge every aspect of their injuries. Congress should make sure a law aimed at criminal enterprises does not give insurers another way to delay legitimate claims or intimidate people who were genuinely hurt,” said Burnetti.
Some of the other concerns Burnetti lays out.
How allegations of a staged crash could be raised to delay claims, pressure injured motorists or justify more intrusive investigations.
Whether the bill draws a clear enough line between organized fraud and legitimate accidents involving disputed conduct.
Why attorneys and medical providers may face increased scrutiny simply for representing or treating truck accident victims.
What evidence should be required before an insurer or trucking company can credibly accuse someone of intentionally causing a collision.
Despite opposition from trial attorneys, the bill has support from the business community.
The Owner-Operator Independent Drivers Association, the American Trucking Associations, U.S. Chamber of Commerce, National Tank Truck Carriers and the American Bus Association have come out and endorsed Moodys legislation.
