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.”