It might succeed, but it might also induce businesses to set up in areas where road usage is free, perversely spreading congestion to places where it is nota serious problem now.
One possible new territory where preemption is nota big problem is litigation over environmental debacles. (Witness the recent extraction of money from gasoline refiners who damaged groundwater with a federally approved additive.) The tort mavens also talked about switching to securities law, a field not especially starving for practitioners.