Proposed Liability Bill in Texas for Trucking Companies
A new bill proposed in Texas could provide trucking companies with protection from liability in traffic accidents, placing sole responsibility on the truck drivers involved.
Trucking Industry’s Concerns
Representatives from the Texas trucking industry have advocated for changes to the state’s accident liability laws, arguing that existing regulations create a “hostile litigation environment” for trucking businesses.
Rising Verdicts
“The commercial vehicle industry is facing ongoing challenges,” stated John Esparza, president of the Texas Trucking Association. “Large verdicts are rapidly increasing.”
Bill’s Provisions
If approved, the legislation would require plaintiffs to prove “gross negligence” on the part of the trucking company to initiate a lawsuit. If they can’t, only the truck driver would be held accountable for any damages. Detractors, including personal injury attorney Thomas J. Henry, argue that this law could effectively grant trucking companies immunity.
Attorney’s Critique
Henry commented, “This effectively allows the largest corporations to escape accountability, which they may then pass on to consumers.”
Legislative Progress
The bill was first discussed in a Texas House Committee on Judiciary and Civil Jurisprudence on March 9th. State Rep. Jeff Leach of Plano, the bill’s author, acknowledged that the proposal has “considerable” flaws and agreed that refinements are necessary.
Balance Between Protection and Accountability
Leach emphasized that the bill seeks to protect businesses from frivolous lawsuits while ensuring that citizens retain the right to pursue legal action for damages. He remarked, “If any part of the bill impairs Texans’ ability to seek damages, it won’t progress.” Bobby Jenkins, owner of ABC Home and Commercial Services, stated that litigation has driven up his liability insurance premiums significantly.
Next Steps
Leach aims to advance the bill out of committee in the coming week.
