Lawmakers in Texas have approved a new bill that will impose severe restrictions on civil lawsuits involving commercial vehicles. The Civil Practice and Remedies Code will be amended by House Bill 19 (HB19), which will have a significant impact on how civil torts are handled in the state.
The bill’s impact on trucking accident victims — especially, innocent motorists who are hurt or killed by commercial vehicles on Texas highways — could be disastrous. HB19 will make it far more difficult for injured victims to receive appropriate compensation for accidents caused by at-fault commercial vehicle firms and drivers.
Many people are unaware of the implications of these pieces of legislation. The Houston personal injury lawyers at West Loop Law and the Law Office of Nhan Nguyen, MD, JD want to help clarify the far-reaching effects of HB19 in Texas civil suits.
What Will Change with the Passing of House Bill 19?
The bill will act as a shield to trucking companies involved in a serious accident. Semi-truck collisions are among some of the most dangerous in the state. In the past five years, Texas has ranked first in the nation for deadly 18-wheeler accidents. Under the new law, it will become much harder for the victims of truck accidents to recover the full value of their compensation.
House Bill 19 will allow for:
- A bifurcated trial on a defendant’s motion
- Limitation of evidence that failed to comply with a regulation or standard
- Limiting of liability for exemplary damages
- Reduction in the discovery lookback period to two years
- Limitations on future damages
In the bill, a trucking company must be found grossly negligent in order to hold them directly liable for their role in an accident. A unanimous verdict will be needed to establish that the corporation knew its acts were likely to cause death or serious harm and continued with real knowledge of the danger. In the civil justice system, this is the highest standard.
Unfortunately, the bill restricts access to the evidence needed to establish these claims, making them very hard to prove in most circumstances, even with the help of a skilled 18-wheeler accident lawyer in Houston.
HB19 and Trucking Accident Victims
Many believe that the language of HB19 limits an accident victim’s access to a fair trial and their ability to sue trucking firms for compensation. These are significant restrictions that effectively protect a commercial vehicle business from liability and restrict its ability to collect future damages.
In many situations, a defendant’s safety record would be inadmissible. Unless the violation was directly connected to the problem at hand, or the defendant’s failure to comply with the law or standard was a proximate cause of the bodily harm or death. Plaintiffs would be unable to prove that a trucking company or driver violated state or federal standards.
Even if a plaintiff is able to overcome these impossibly high barriers to justice, the law mandates periodic payments. The jury is instructed to lower the case’s value to its current value in order to award a sum of money that would compensate the injured individual for all losses. Unfortunately, this means that the victim has to wait to get the full value of their damages.
To make matters worse, there is language in the bill that allows for the negligent party to obtain compensation. If the wounded individual dies during the pay-out term, the money is awarded to the trucking company.
This is a bill drafted to aid large trucking companies and safeguard them from any responsibility following a serious semi-truck accident.
18-Wheeler Injury Lawyers in Texas
Accidents involving large commercial vehicles are some of the most catastrophic possible. If you or a loved one has been seriously wounded or killed in an accident, contact a Houston truck accident attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD.
Our attorneys have handled a wide range of personal injury cases. You may be entitled to compensation for both monetary and nonmonetary damages, including medical expenses, missed earnings, and pain and suffering. Our firm has the experience and knowledge to fight for the maximum value of your claim.
Nhan Nguyen, MD, JD, and Nader Rabie, JD, have years of combined expertise advocating for the rights of injury victims across Houston, and we are here to fight for you.
Contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD today at (713) 840-7200 if you or a loved one has been unfairly injured by the negligence of a truck driver or transportation company.
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