Texas truck bill would revise injury liability rules

Multiple bills in the Texas Legislature are intended to address injury liability statute in the state for truck operations.

The House Judiciary and Civil Jurisprudence Committee held a hearing Tuesday, March 9, on the commercial liability bill. The committee chairman is the bill sponsor.

Rep. Jeff Leach, R-Plano, is behind the bill he says would address a problem in the state. He said his bill is intended to “ensure a level playing field” for plaintiffs and defendants.

“The goal is to restore fairness.”

Leach acknowledged at the outset of the hearing that his bill has “flaws” and will need revisions before it comes up for a committee vote.

“We will make very clear that a plaintiff can pursue a direct action against a defendant for negligent maintenance of a vehicle.”

The bill, HB19, would also require a court 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.”

Two bills, HB1617/SB207, address similar provisions related to civil actions.

Concerns voiced about injury liability changes

Critics say the legislation would result in vehicle and insurance rates increasing for Texas residents.

Attorney Thomas J. Henry said the state already leads the nation in truck wreck injuries and deaths.

The Austin, Texas-based injury attorney added in prepared remarks that “nothing in these bills does anything to reduce commercial truck accidents.”

Assurance provided by sponsor

Leach said his bill would protect truck operations from frivolous lawsuits. In addition, he said it would ensure injured people can pursue damages through the court system.

“If there’s any part of the bill that would hinder a Texans’ ability to seek those damages, then the bill won’t move,” Leach said. “I promise you that.”

He added that the bill would protect businesses of all sizes in the state from “the frivolous, abusive lawsuits being filed by a handful of money-hungry personal injury lawyers.”

Truckers back changes

Truckers in the state say the legislation would protect the industry from “abusive commercial vehicle lawsuits.”

John Esparza, president of the Texas Trucking Association, testified that truck operations in the state has witnessed “an alarming increase of massive personal injury awards.”

“These grossly inflated verdicts are driving up insurance costs at such a sustainable rate it is driving companies out of business,” he said.

He reiterated Leach’s earlier point that fairness needs to be restored. LL

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