TX HB 19 Changes Trial Procedure for Truck Accident Lawsuits

Truck incident lawsuits are extremely tough. If you or a member of your family members was in a collision with a industrial truck, pursuing the compensation you ought to have will likely be an uphill struggle. The latest changes in Texas legislation make it more challenging for plaintiffs to seek optimum damages for their injuries and losses.

Property Invoice 19 (HB 19) went into outcome September 1, 2021. The regulation amends the Texas Civil Exercise and Cures Code to transform the trial proceedings for legal steps involving commercial vehicles and other automobiles applied for industrial uses.

Patrick Daniel Legislation has extensive expertise handling truck incident lawsuits, and we can support you comprehend what may transpire if your situation goes to trial. For a free of charge circumstance review, make sure you simply call (713) 999-6666 nowadays.

Do I Want to File a Truck Accident Lawsuit?

Not all truck accident situations go to trial. It may well be feasible to negotiate a favorable settlement with no going to courtroom or even filing a lawsuit.

Even so, the complicated troubles in truck accident claims frequently make it essential for claimants to file a lawsuit. Ultimately, seeking the case in courtroom may be the only alternative for trying to get payment.

Numerous defendants may perhaps be liable in a truck accident lawsuit. Two of the most frequent are:

• The driver of the truck
  AND
• His or her employer (i.e., a trucking enterprise)

Trucking providers are massive and strong. Even though industrial carriers and their insurance coverage corporations will frequently check out to steer clear of the uncertainty and expense of a demo, it is not unusual for them to contest liability, make lower settlement presents, and/or refuse to negotiate. If these challenges can’t be defeat by way of negotiations, your law firm may recommend submitting a lawsuit.

Examine More: What to Anticipate from Claims Versus Huge Trucking Businesses

Truck Accident Lawsuits Less than HB 19

When it was released, the sponsors of HB 19 argued that the monthly bill would defend trucking corporations and other organizations from so-termed “unjust and excessive lawsuits.” To do this, HB 19 improved the lawful course of action Texas courts use for claims involving semi-vans and other industrial autos. Although trucking organizations and other employers can continue to be held liable for the incidents motorists bring about, the approach for doing so is far more demanding.

HB 19 establishes a bifurcated trial method for truck accident lawsuits. “Bifurcated” suggests divided into two. In accordance to Portion 72.052 of the Texas Civil Exercise and Treatments Code, a defendant must file a movement for a bifurcated demo prior to whichever of the following dates is afterwards:

• “the 120th working day immediately after the date the defendant bringing the motion information the defendant’s authentic respond to or
• “the 30th day right after the date a claimant files a pleading incorporating a assert or result in of action from the defendant bringing the motion.”

The court docket will review the movement and choose no matter whether to grant or deny the defendant’s request for a bifurcated trial.

How Do Bifurcated Trials Do the job?

Numerous professional motor car accident claims are introduced on the grounds of respondeat top-quality. Latin for “the learn will have to answer,” respondeat exceptional is a authorized principle that imposes vicarious liability on an employer for the carelessness of an employee even though performing in the ability of his or her employment.

Underneath the variations designed by HB 19, statements based mostly on respondeat outstanding might only commence if the defendant employer stipulates the pursuing:

– Texas Civil Apply and Treatments Code § 72.054

If a professional carrier tends to make these stipulations, the plaintiff is barred from presenting evidence versus the employer for the industrial driver’s “ordinary negligence” (i.e., carelessness or recklessness) except the driver is discovered to be at fault for the accident. Properly, this divides the demo into two different levels: to start with arrives the motion in opposition to the driver, then will come the motion towards the employer.

A bifurcated trial for a commercial motor motor vehicle accident proceeds as follows:

1st Stage

The legal responsibility of the personnel defendant (i.e., the commercial driver) is identified in the to start with period of a bifurcated trial. If the truck driver is found liable for the accident, the court awards the plaintiff compensatory damages. This may incorporate payment for:

• Earlier and upcoming clinical bills
• Reduction of earnings
• Decline of earning potential
• Ache and suffering
• And extra

Beneath the bifurcation framework designed by HB 19, proof towards the trucking firm is normally not admissible in the initially demo section. Having said that, Texas Civil Follow and Remedies Code § 72.053 will allow evidence of the failure of the employer defendant to comply with applicable rules and specifications to be introduced in the 1st period of a bifurcated trial in the adhering to circumstances:

1. “the evidence tends to demonstrate that failure to comply with the regulation or standard was a proximate trigger of the bodily personal injury or dying for which damages are sought in the action and
2. “the regulation or common is particular and governs, or is an factor of a responsibility of treatment applicable to, the defendant, the defendant’s employee, or the defendant’s residence or machines when any of all those is at challenge in the motion.”

In addition, if an employer defendant is matter to regulation less than the Motor Carrier Safety Improvement Act of 1999 or Chapter 644 of the Texas Transportation Code, evidence of the following may well also be introduced in a bifurcated trial’s initially period:

• The health and qualifications of the personnel driver at the time of the accident, together with:
  • Licensing and limitations
  • Disqualifications from driving a professional automobile
  • Out-of-services orders
  • Health care certification
  • Texting and other mobile mobile phone usage
  • Refusal to post to screening for a managed compound
• The employer defendant’s steps prior to the incident regarding:
  • Authorizing the worker driver to operate a professional motor automobile
  • Screening for managed substances
  • Out-of-assistance orders

This evidence may well only be introduced in the to start with period of a bifurcated trial in guidance of a declare of negligent entrustment (i.e., the employer entrusted a professional automobile to a driver who was not certified to run it).

2nd Period

If the court docket finds that the truck driver “was negligent in working an employer defendant’s professional motor vehicle” in the very first section of a bifurcated demo, this “may serve as a foundation for the claimant to move forward in the 2nd phase of the demo on a claim towards the employer defendant” (Texas Civil Apply and Cures Code § 72.052). In the course of the second phase of trial, the court will also make a willpower as to punitive or exemplary damages.

Exemplary damages might only be awarded if the plaintiff presents clear and convincing proof that the injury occurred as a final result of fraud, malice, or gross negligence on the portion of the defendant (see Texas Civil Practice and Solutions Code § 41.003). This is a larger typical than the 1 essential to prove standard carelessness. Strong proof from the trucking organization (like prior violations) is necessary to prevail.

Get Support with Your Truck Incident Lawsuit

A single calendar year just after it was enacted, the entire outcomes of HB 19 on truck accident litigation continue to remain to be noticed. If you ended up significantly injured or missing a liked just one in a truck accident, you shouldn’t have to worry about authorized complexities. You need to have an skilled attorney with a thorough knowing of the regulation who can assistance you navigate your case.

Patrick Daniel Regulation has intensive expertise managing truck accident lawsuits. We are Strategic, Meticulous, and Cruel in our commitment to maximizing compensation for our customers. This may consist of negotiating a favorable settlement on your behalf or filing a lawsuit and (if important) taking your case to trial.

Make contact with Patrick Daniel Law currently for a totally free scenario overview. Lawyer Patrick Daniel serves customers during Houston, all of Texas, and nationwide.