AUSTIN, TX – The Texas Trucking Association (TXTA) is proud to announce the establishment of the Allied Appreciation Award, or Triple A Award, a new award recognizing Allied Members for their exceptional contributions to TXTA and the trucking industry. This award celebrates individuals who exemplify dedication and commitment, serving as role models within the transportation sector for supporting the trucking industry through their company’s goods, products and services.   

The inaugural recipient of the 2024 Allied Appreciation Award is John Mondics of Mondics Insurance Group, Inc. As the first honoree, John Mondics will be remembered for his unwavering service, support, and commitment to the trucking industry. With a remarkable 45-year membership in TXTA, Mondics has not only made significant monetary contributions, totaling approximately $2 million, but has also provided his valuable time and effort to support causes important to the Association. In fact, his leadership has been instrumental in TXTA’s ongoing legislative efforts to combat lawsuit abuse in the state.

“John Mondics’ commitment to the trucking industry and his leadership within TXTA set a high standard for others to follow. His efforts have not only benefited our Association but have also strengthened the entire industry. We are honored to recognize him as the first recipient of the Allied Appreciation Award,” said TXTA President and CEO, John D. Esparza. 

Mondics was celebrated at the Allied Celebration Dinner during the TXTA Annual Conference in San Antonio on August 2. His legacy of service and leadership will continue to inspire future generations within the trucking industry. 

The Texas Trucking Association is dedicated to enhancing the effectiveness of its members by advocating for sound public policies, providing excellence in education, training, and information, and promoting a safe, dependable, and cost-effective motor transportation system to better serve the people of Texas. To learn more, visit www.texastrucking.com.

The new law will apply to any personal injury or death lawsuit filed after August 31, 2021, involving a commercial vehicle—which means any vehicle carrying passengers or goods or that is used to provide services—unless at the time of the accident the vehicle was being used for personal purposes. As such, it applies to lawsuits involving 18-wheelers; ride-share services and taxis; pest control, pool servicing, and lawn mowing businesses; vehicles operated by florists, plumbers, electricians; and literally hundreds of other kinds of vehicles being operated in Texas. 

The heart of the new law is a provision allowing commercial vehicle owners to ask for a two-part trial. In the first part of the trial (Phase 1), the evidence is limited to that showing how the collision happened and severity of the plaintiff’s injuries if the commercial vehicle was at fault. The plaintiff cannot present evidence about how other drivers working for the company defendant acted in other collisions. The plaintiff cannot present evidence about the company’s safety record in unrelated incidents. In Phase 1, the evidence is limited to the events related to the specific collision that is the subject of the lawsuit and the plaintiff’s injuries, if any. 

The new law also provides that photographs and videos showing the collision and the damage caused in the collision must be provided to the jury. Up to now, photos and videos were routinely excluded when they refuted the plaintiff’s claim that the commercial vehicle was at fault or refuted the plaintiff’s claim of hundreds of thousands of dollars of medical expenses resulting from the accident. The plaintiff lawyers know that a jury is highly unlikely to award millions of dollars to a plaintiff when the plaintiff’s car has only a scratch or the video shows the plaintiff caused the accident! 

The second half of the trial (Phase 2) is the part that can be used to present evidence that the defendant acted so recklessly that the defendant may deserve to be punished through the award of punitive damages. The standard for awarding punitive damages is high in Texas, so many defendants should be able to avoid Phase 2 of the trial because the plaintiff simply will not have enough evidence to warrant going through Phase 2. If the trial judge allows the allows the plaintiff to proceed to Phase 2, the plaintiff may be allowed to present evidence about the company’s safety record and employment practices that are not related to the specific collision that is the subject of the lawsuit. 

Up to now, the plaintiff lawyers have wanted to “try the company, not the collision.” They think if they can convince the jury that the company is a danger to the motoring public, then it does not matter that the plaintiff is the person who caused the accident. They think if they can convince the jury the company is reckless, then the jury will award mountains of money for mental anguish and pain and suffering. They desperately want to talk about safety records and other employees, not the fact that their client walked away unhurt from a “fender bender,” or caused the collision. 

The reason to divide the trial into two parts is clear—it prevents the plaintiff lawyer from using the trial to paint the company as rogue and dangerous before first establishing the defendant’s fault. Then, in those few cases when it is warranted, the plaintiffs can present their additional evidence in Phase 2 of the trial. We need your help with the following:

• For those who practice this area of law (or have attorneys who do), please let us know if you have seen an uptick in cases leading up to September 1. We would like to develop data and anecdotes regarding trial lawyer activities prior to the bill taking effect (i.e. was there a massive rush to file cases before 9/1, was there a significant drop in cases after 9/1, etc.).
• For those involved in litigation filed after September 1, please let us know of any new trends or trial practices you are seeing in the courtroom. We would like to understand if the plaintiff’s bar has developed any strategies to circumvent HB 19, and more broadly, how the bill is impacting the disposition of these cases. This helps us determine if we need to take further action in future legislative sessions to address issues that arise after the bill takes effect. 

The effect of House Bill 19 may not be fully appreciated for a couple of years. It is important for defendants and insurers to advocate strongly and persistently for a proper application of the new law in cases filed after August 31, 2021. Then take cases up on appeal when trial courts refuse to properly apply the law. With strong and persistent advocacy by commercial vehicle owners House Bill 19 should relieve some of the pressure commercial vehicle owners are feeling from abusive lawsuits.

Thank you again for all you’ve done to shut down this lawsuit abuse in Texas. Your input was invaluable to getting the bill passed and will continue to be critical now that HB 19 is law.

Industry stakeholders are turning to data, AI, and legislative measures to better protect the commercial motor carriers from reptile theory practitioners and nuclear verdicts.

Over the last decade, nuclear verdicts—which often exceed $10 million—have created a dark cloud over the commercial trucking industry. Consequences from these verdicts, where the evidence in many cases doesn’t support the monetary award, include skyrocketing insurance premiums and even business shutdowns for some motor carriers.

The trucking industry, however, has had enough and is fighting back against these verdicts and the reptile theory practitioners who provoke them. Using reptile theory, a plaintiff’s attorney will attack the reputation of the trucking company rather than focus on the circumstances of the accident itself, inciting jury fear and anger. Plaintiffs’ attorneys and other individuals have even gone so far as to create elaborate schemes to conspire against and sue trucking companies in order to maximize their profits.

Shortly after American Trucking Associations President Chris Spear declared a war on nuclear verdicts during ATA’s fall meeting in 2019, industry veteran Steve Bryan, who founded data analytics software provider Vigillo, recognized the industry was indeed under attack. After spending years helping commercial trucking companies manage their performance under the federal Compliance, Safety, Accountability program, Bryan turned his attention to helping the industry solve the nuclear verdict problem. In May, Bryan and a team of industry experts launched Bluewire, an artificial intelligence company that provides carriers and their insurance providers with data to protect against the cause of nuclear verdicts.

“I felt it was getting worse and escalating,” Bryan said of the problem during Trucksafe Live!’s premiere episode, “Going Nuclear.”  Trucksafe Live! is a monthly talk show hosted by Trucksafe Consulting’s Brandon Wiseman and Jerad Childress.

“With all the amazing products and services available to and being adopted by motor carriers, I thought, ‘Why is this thing getting worse,’” Bryan added. “As a software and data guy, that got me thinking whether there was something we could do by analyzing data and deploying a toolset of ‘weapons’ to wage that war Mr. Spear declared.”

Trucking’s defense: ‘White hat trial lawyers’

Through AI and text-mining technologies, Bluewire measures, reports on, scores, and then helps manage the reputation of individual motor carriers. Bluewire’s White Hat Recommendation Engine models concepts and best practices from the cybersecurity world to help monitor the safety systems, data siloes, and insurance claims that exist throughout the trucking industry.

“These trial lawyers and their beloved reptile theory get to the emotion and the inflammation of anger in the jury to punish the motor carrier,” Bryan stressed. “It is rarely about the specific incident of that crash. The crash is simply an opportunity for the plaintiffs, with their private equity backers, to open those doors and convince juries that you have a terrible, unethical corporate citizen here and that the only way we’re going to get them on track is to punish them, punish them, punish them.”

Bryan compared plaintiffs’ attorneys in the trucking world to hackers using attack vectors to dissect a trucking company’s business operations. When planning an attack on the trucking industry, plaintiffs’ attorneys will typically focus on gaps in safety like driver hours of service (HOS) violations, camera and advanced technology usage, company recruiting messages, and even messages between dispatchers and drivers.

Last year, the American Transportation Research Institute (ATRI) released a study on the impact of nuclear verdicts in trucking, which highlighted the safety-related issues that were found to be 100% in favor of the plaintiff during a trial. The top safety issues were discrepancies with driver HOS or logbooks, a driver’s history of using a controlled substance, if a driver left the crash scene or failed to call 911, and any sort of driver health-related issues.

In order to better arm the companies it works with, the first thing Bluewire will do is map these attack trajectories for an individual motor carrier to find how vulnerable they are, Bryan explained. Bluewire will then recommend a countermeasure to these—much like a white hat hacker hired to protect companies from cybercriminals. The team at Bluewire thinks of themselves as the white hat trial lawyers, Bryan said.

In order to better arm the companies it works with, the first thing Bluewire will do is map these attack trajectories for an individual motor carrier to find how vulnerable they are, Bryan explained. Bluewire will then recommend a countermeasure to these—much like a white hat hacker hired to protect companies from cybercriminals. The team at Bluewire thinks of themselves as the white hat trial lawyers, Bryan said.

“We are going to come at you just as aggressively as any trial lawyer would, but, of course, we are working for you, so we will help you close those gaps and vulnerabilities,” he noted.  

One of the major advantages that the plaintiffs’ bar currently has over the trucking industry is how attorneys often gather at conferences, seminars, and share information via white papers to learn best practices on how to plan out these reptile theory tactics, Bryan noted, citing ATRI’s study.

The trucking industry, on the other hand, has traditionally had more of a reactionary defense against these reptile theory practitioners.

“We are in fact very secretive, and we work hard not to share our best practices openly, and we have to overcome that,” Bryan said. He added that Bluewire is offering a private, members-only forum called Bluewire Connect, where industry executives and motor carriers can come together and share their best practices for defending against nuclear verdicts.

Legislative success

This past spring, the Texas trucking industry succeeded in getting House Bill 19 passed to curb the trend of lawsuit abuse in the state. Among other provisions, HB 19 ensures juries are presented with evidence that is directly relevant to causation and injuries in a highway accident and ensures the case is focused on the events at issue rather than on extraneous allegations outside the scope of the accident.   

Texas has joined Montana, West Virginia, Louisiana, and Missouri in becoming the latest state in recent months to pass lawsuit abuse reforms. HB 19 in Texas takes effect on Sept. 1.

During the Trucksafe Live! discussion, John Esparza, president of the Texas Trucking Association, pointed out that the association worked closely with House Chairman Jeff Leach, who, as an attorney, recognized early on the challenges associated with nuclear verdicts.

“This well-known reptile theory began to really proliferate the last few years,” Esparza said. “In 2015 we sat down and recognized that we’ve got a growing issue, and it began to get worse and worse.”

He explained that four years ago, the association introduced two bills that didn’t go anywhere because there was no data to back them up. In order to get the measure passed, the association was focused on delivering that data to show exactly how frivolous litigation and these damaging verdicts were impacting the Texas trucking industry.

“When you dive into that data, it tells me that 18-wheelers are involved in accidents that result in fatalities in Texas 14% of the time,” Esparza explained. “Law enforcement being assigned responsibility to these instances happens approximately 4% of the time. That gives you an idea of what it entails to be a professional driver. These are professional people hauling 80,000 lbs. for 100,000 miles at any given time of the year. They do a fantastic job by and large. There is a fundamental difference between what has been happening, who’s at fault, and the direction of these lawsuits that are happening.”

HB 19 attempts to segregate a trial into two parts for any case that involves a commercial vehicle in the state of Texas.

Once in effect, HB 19 will provide motor carriers a timeframe to file a motion seeking a bifurcated trial. The first phase of the trial will determine the driver’s liability and the amount of compensatory damages. The second phase of the trial will then determine the motor carrier’s direct liability for claims like alleged negligent hiring or training, and the amount of exemplary damages.

“This is really about leveling the scales as they have been unleveled far too long, and it’s time we do something about it,” Esparza said.

“We’ve reached the tipping point in Texas with the data and the research that allowed us to move forward with a strong argument and a very strong coalition in seeking changes this past legislative session,” he added. 

 

A new Texas law is described as an overhaul to injury liability statute for truck operations.

Gov. Greg Abbott signed into law Wednesday a bill that is intended to “ensure a level playing field” in commercial liability cases. Previously HB19, the new rule protects trucking companies from frivolous lawsuits in instances where the driver was not negligent.

Additionally, a court would be required to dismiss a lawsuit against a truck operator if the injury or death of another person was caused while the operator was carrying out their duties “within the scope of employment.”

Pros and cons of injury liability statute debated

Opponents of the rule change say it amounts to an overhaul of the state’s civil justice system for the benefit of one industry.

They add that changes in liability law will result in vehicle and insurance rates increasing for Texas residents. They cite figures that show the Lone Star State leads the nation in truck wreck injuries and deaths.

Advocates counter that limited liability would not result in a free pass for trucking companies.

Rep. Jeff Leach, R-Plano assured lawmakers during discussion on the bill that plaintiffs would not be prevented from pursuing justice.

Cases going to trial would have two phases. The first phase would focus solely on the incident under the negligence standard. A second phase would cover expanded legal issues resulting from the incident.

Essentially, the truck operator must be proven liable before their employer could be taken to court.

“It does not limit in any way the ability of Texans to hold companies liable and responsible,” Leach said.

Protections needed

Sen. Larry Taylor, R-Friendswood, added on the Senate floor that the bill is focused on protecting truck operations of all sizes from frivolous lawsuits. In addition, he said it would ensure injured people can pursue damages through the court system.

“House Bill 19 is designed to protect the rights of Texans who are truly injured in a commercial vehicle accident while shutting down the abusive practices some plaintiffs’ lawyers use to manipulate evidence at trial in cases where a commercial vehicle owner was not at fault or the plaintiff was not injured,” Turner said.

He added that HB19 “will help ensure the rules of the road for highway accident cases are applied uniformly and fairly in all Texas courtrooms.”

Truckers back changes

Truckers in the state say the new law will protect the industry from “abusive commercial vehicle lawsuits.” In addition to trucking operations, they add that the rule change will benefit ride-sharing services like Uber and Lyft and any other vehicle being used for commercial purposes.

The bill was backed by groups that include the Texas Trucking Association, the Keep Texas Trucking Coalition, and the Owner-Operator Independent Drivers Association.

Texas Trucking Association Chairman Jonathan Kennemer said passage of the bill was a collaborative effort to reshape the course of lawsuit abuse not just for trucking but the entire commercial motor vehicle industry.

“Today is truly a historic day for the entire trucking industry and sends a message to predatory trial lawyers – hard working truckers are no longer your personal piggy banks,” Kennemer said in prepared remarks.

San Antonio – Interstate Highway 35 is often referred to as Texas’s main street and has traffic to prove it.

For shipping companies, the time spent on transportation means a loss of money. Delays are expected to increase as more construction projects are underway at I-35 between San Antonio and Austin.

Increased congestion and new rebates could cause freight companies to revisit private sections of Route 130, at least Doug Wilson, CEO of the SH 130 concession company, wants to do so.

“One of the main reasons the SH 130 was expanded and built as it is today is to reduce some of the truck traffic from the I-35,” Wilson said. “This certainly improves traffic, reduces congestion, and makes it safer.”

The company operates a highway between Segin and Mustang Ridge in Travis County. SH 130 recently announced a new partnership with the Texas Trucking Association to provide rebates and incentives for businesses to use toll roads. Currently, the cost of traveling an entire 40 miles on an 18-wheeled vehicle is $ 31.40 using an electronic fare tag. TxDOT operates a toll road from there to Georgetown north.

“Frankly, I-35s tend to be crowded because they tend to pass through the Austin area. This is what I wanted to focus on the airlines that are actually going through I-35s. It’s one of them, “says John Espaza. , Chairman and Chief Executive Officer of the Texas Truck and Auto Association. “If they can go around Austin, it’s a viable option for them.”

Some local businesses have already begun to use the SH 130 further, although the distance from San Antonio may increase by several miles.

“If there is traffic from south of Austin to the New Braunfels region, you can continue on the SH 130 to reach the I-10,” said Adam Blanchard, president of Double Diamond Trucking. .. “It’s great to give drivers and the industry the option to avoid traffic, because it results in safer roads for everyone.”

According to Wilson, more drivers, both commercial and non-commercial vehicles, are using the SH 130 than before the pandemic. He said some maintenance work on the highway is planned, but major construction closures are not expected in the coming months.

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Rebates and incentives aim to lure more truck drivers to the SH 130 toll road

The Texas Trucking Association is warning truckers of an attempted scam. A motor carrier received a call that one of its trucks had been involved in a crash and that it was in need of emergency repairs. The caller asked for a payment via Comdata or EFS.

The caller gave the company a unit number that did not belong to that company, but had a trailer number that did. When the company asked for confirmation of those numbers, the caller – who claimed to be a service technician – put them on the phone with someone claiming to be a police officer – who urged them to handle the claim quickly so they could get the truck off the roadway.

The company had not received any calls from its drivers reporting a crash and the unit in question had been sitting in a repair shop since the day before. The company realized it was a scam, made no payments, and shared the alert with the association’s membership.

The Texas Trucking Association celebrated the passage of House Bill 19 by the Texas House of Representatives and Texas Senate, saying the bill “will change the trajectory of lawsuit abuse” in the state.

The Senate-revised bill was approved in the House by a 106-38 vote.

The bill now heads to Texas Gov. Greg Abbott for his signature, and will take effect on Sept 1, ensuring 80,000 trucking companies that call Texas home continue to operate without abusive lawsuits threatening their livelihoods, according to TXTA.

“Today is a monumental day for the Texas trucking industry,” said John D. Esparza, TXTA president and CEO. “For too many years, the trucking industry has been a lucrative profit center for some trial attorneys—often times preying upon victims of accidents and guiding them to frivolous lawsuits, while also manipulating and misleading jurors on the facts of the case.”

HB 19 is a bipartisan piece of legislation that ensures accident victims are compensated when wrongfully injured, while also protecting businesses across the state from biased and unfair courtroom tactics, the association said.

“Truck drivers go through rigorous training and most truck companies have safety compliance policies beyond what is required by the government,” Esparza said. “Despite the narrative created by the opposition, there is a culture of safety within the trucking community—but when an accident does occur at the negligence of a driver or company, we want them to be held just as accountable as anyone else. Our own families travel the same highways as our trucks. Safety has and always will be a top priority of the trucking industry.”

Lt. Governor Dan Patrick and House Speaker Dade Phelan (R-Beaumont) designated trucking tort reform as priority legislation. HB 19 was authored by Chairman Jeff Leach (R-Plano) and more than 70 co-authors in the House of Representatives. The bill was sponsored in the Senate by Sen. Larry Taylor (R-Friendswood) and a bipartisan group of 16 co-sponsors. Rep. Eddie Lucio, III (D-Brownsville) led efforts by a coalition of democrats that ultimately gave HB 19 the bipartisan support that carried over into the Senate.

The final bill reflected input through public testimony and a broad coalition of stakeholders.   

“We owe a great deal of thanks to numerous legislators who worked across the aisle to support House Bill 19,” Esparza said. “The collaborative effort demonstrates how devastating the continued abuse of our legal system would be for the Texas economy. Truck drivers are the backbone of the economy and what is bad for truckers is bad for Texans.” 

ARLINGTON, Va., May 19, 2021 /PRNewswire/ — Today, by a unanimous and bipartisan vote of 31-0, the Texas Senate passed House Bill 19—a comprehensive reform bill to reduce frivolous and abusive lawsuits targeting commercial motor vehicles. The bill’s passage earned widespread praise from the trucking industry and a broad coalition of supporters from every corner of the Texas economy, who say reforms like HB 19 are needed to prevent a growing trend of lawsuit abuse that has sent insurance levels skyrocketing to unsustainable levels, putting enormous strain on the supply chain.

“Despite the plaintiff bar’s best efforts to lie about and distort the contents of this bill, the Texas Senate took a resoundingly bipartisan vote today to curb lawsuit abuse and restore balance and fairness to the civil justice system,” said American Trucking Associations President and CEO Chris Spear. “Texas has joined the growing ranks of states across the country pursuing common-sense measures to ensure the plaintiffs’ bar can’t keep perverting civil justice into a profit center to line their own pockets.”

Among other provisions, HB 19 ensures juries are presented with evidence that is directly relevant to causation and injuries in a highway accident and ensures the case is focused on the events at issue—not on extraneous allegations outside the scope of the underlying accident. The trucking industry says targeted reforms like these will help remove the incentives driving abusive lawsuits and fueling a spike in nuclear verdicts.

“With the unanimous passage of House Bill 19, the trial process will continue to ensure accident victims are compensated when wrongfully injured, while also protecting businesses across the state from biased and unfair courtroom tactics,” said Texas Trucking Association President and CEO John Esparza. “Thank you to Lt. Governor Dan Patrick for recognizing the serious threat abusive lawsuits have on the Texas economy and naming this issue as one of his priority items this legislative session.”

The industry is encouraging the Texas House of Representatives to concur with the Senate-backed bill, so that the legislation can be sent to Governor Greg Abbott and signed into law.

Texas becomes the latest state in recent months to pass lawsuit abuse reforms, including Montana, West Virginia, Louisiana and Missouri. In neighboring Louisiana, rampant lawsuit abuse attracted the attention of the Federal Bureau of Investigation, as organized crime rings staged dozens of accidents with unwitting tractor-trailers as a pretext to sue them in court. Last November, personal injury attorney Daniel Patrick Keating was indicted for his leadership role in the lawsuit racket. The Louisiana State Legislature is now considering legislation to criminalize staged accidents.

American Trucking Associations is the largest national trade association for the trucking industry. Through a federation of 50 affiliated state trucking associations and industry-related conferences and councils, ATA is the voice of the industry America depends on most to move our nation’s freight. Follow ATA on Twitter, Facebook, or at Trucking Moves America Forward.

SOURCE American Trucking Associations

An overhaul to injury liability statute for truck operations in Texas is nearing passage at the statehouse.

The Senate voted 30-1 this week to advance an amended House bill that is intended to “ensure a level playing field” in commercial liability cases.

Sponsored by Rep. Jeff Leach, R-Plano, HB19 would protect trucking companies from what are described as frivolous lawsuits in instances where the driver was not negligent.

Additionally, a court would be required to dismiss a lawsuit against a truck operator if the injury or death of another person was caused while the operator was carrying out their duties “within the scope of employment.”

Critics concerned about injury liability bill

Opponents of the measure say the injury liability bill would overhaul the state’s civil justice system for the benefit of one industry.

They add that changes in liability law would result in vehicle and insurance rates increasing for Texas residents. They cite figures that show the Lone Star State leads the nation in truck wreck injuries and deaths.

Speaking late last month on the House floor, Rep. John Turner, D-Dallas, voiced concern about limited liability for companies that would result from the rule change.

Countering criticism about limited liability

Advocates say that limited liability would not result in a free pass for trucking companies. Leach has continued to assure lawmakers that plaintiffs would not be prevented from pursuing justice.

He has added that cases going to trial would have two phases. The first phase would focus solely on the incident under the negligence standard. A second phase would cover expanded legal issues resulting from the incident.

Essentially, the truck operator must be proven liable before their employer could be taken to court.

“It does not limit in any way the ability of Texans to hold companies liable and responsible,” Leach said.

Protection from ‘frivolous lawsuits’

Speaking on the Senate floor this week, Sen. Larry Taylor, R-Friendswood, said the bill is focused on protecting truck operations of all sizes from frivolous lawsuits. In addition, he said it would ensure injured people can pursue damages through the court system.

“House Bill 19 is designed to protect the rights of Texans who are truly injured in a commercial vehicle accident while shutting down the abusive practices some plaintiffs lawyers use to manipulate evidence at trial in cases where a commercial vehicle owner was not at fault or the plaintiff was not injured,” Turner said.

He added that HB19 “will help ensure the rules of the road for highway accident cases are applied uniformly and fairly in all Texas courtrooms.”

Truckers support liability reform

Truckers in the state say the legislation would protect the industry from “abusive commercial vehicle lawsuits.” They add that the bill is not just a trucking bill. Ride-sharing services like Uber and Lyft and any other vehicle being used for commercial purposes also are covered.

The bill is backed by groups that include the Texas Trucking Association, the Keep Texas Trucking Coalition, and the Owner-Operator Independent Drivers Association.

“HB19 proves that Texas can protect the rights of victims who are injured by the negligence of others on our roadways without letting abusive lawsuits decimate small businesses and the commercial vehicle network we rely on every day,” reads a statement from the Keep Texas Trucking Coalition.

Texas Trucking Association president and CEO John Esparza added that with the bill’s passage “the trial process will continue to ensure accident victims are compensated when wrongfully injured, while also protecting businesses across the state from biased and unfair courtroom tactics.”

The measure has moved back to the House for approval of changes. If approved there, it would head to Gov. Greg Abbott’s desk. If not approved, a conference committee made up of select members from both chambers would meet to work out differences before the bill heads to the governor. LL

https://www.ttnews.com/articles/texas-senate-committee-approves-legislation-curb-lawsuit-abuse

The Texas Senate Transportation Committee has unanimously approved a House bill that would help curb the growing trend of lawsuit abuse targeting commercial vehicles in Texas.

Texas HB19, passed by the state House on April 30, will now be forwarded to the full Senate for a vote likely later this month.

The legislation has earned widespread support from the trucking industry and small businesses across the state, according to testimony before the Senate transportation committee on May 12.

Republican Sen. Larry Taylor, who introduced the Senate version of the bill, told the committee that the state’s 65,000 trucking companies are essential to the state’s economy.

“These Texas companies are heavily regulated by the state and federal government and are experiencing a sharp increase in the number of collision lawsuits that have been filed against them,” Taylor said. “As a result commercial insurance rates are skyrocketing, increasing about 10% in 2018, and another 30% in 2019.”

Lee Parsley, general counsel of Texans For Lawsuit Reform, said many of the costly lawsuits being waged against truckers are unrelated to accident severity.

“The methodology used to pursue these lawsuits is taught in seminars in Texas, and we think it’s fundamentally unfair to defendants in the lawsuits,” Parsley told the committee. “This bill is not radical in any sense. It simply tries to apply some elements of existing Texas law across the state to make sure that all of these cases are applied to the same rules everywhere in Texas.”

The bill, if passed by the Senate in its current form, includes a provision that would allow properly authenticated photographs or videos of a vehicle or object involved in a collision to be admitted into evidence. Presently, judges in Texas have discretion on whether to allow photo or video evidence, and in some cases are known to leave out photo evidence because it may be too gruesome or deemed not relevant.

Another provision in HB19 would “bifurcate” a trial, only allowing allegations of unsafe motor carrier safety practices during its second phase. The first phase of a trial would allow evidence on who is at fault in a crash.

It also ensures juries are presented with evidence that is directly relevant to causation and injuries in a highway accident and ensures the case is focused on the events at issue — not on extraneous allegations outside the scope of the underlying accident.

John Mondics, president of Mondics Insurance Group Inc., said that the rise in lawsuits against truckers has resulted in Texas becoming a state in which insurance underwriters do not want to do business.

“We’re seeing across the board small trucking companies close their doors every day,” Mondics said. “We average one or two clients a week that are no longer in business due to claims that underwriters are paying.”

“I am frightened and alarmed about the commercial litigation environment in Texas,” said LouAnn Wagner, CEO at San Antonio-based Texas Auto Carriers Inc. “In the last 10 year my company has experienced year-over-year double digit insurance premiums, not because we have high claims experience — we don’t — but because we’re in an industry that has been unfairly targeted by excessive and abuse litigation.”

“As it stands today, we have to go into a courtroom with our hands tied behind our backs,” said Adam Blanchard, president of San Antonio-based Double Diamond Transport.