San Antonio – Gov. Greg Abbott has until later this month to consider signing a bill that would change how certain cases involving 18-wheelers and other commercial vehicles are tried in Texas.
The final version of House Bill 19 passed the Texas Legislature in late May with overwhelming bipartisan support after months of debate.
Supporters said the legislation is necessary because the number of lawsuits involving big rigs, and damages from those suits, have created a treacherous legal environment for commercial vehicle owners.
“I think the bill that was negotiated and that was passed is just a great compromise because it gives us the ability to have a fair chance to defend ourselves in the courtroom,” said Adam Blanchard, co-owner of Double Diamond Trucking in San Antonio. “And it also at the same time doesn’t inhibit anybody’s access to the courtroom and the ability to receive compensation for injuries sustained.”
Some earlier provisions limiting what could be brought up at trial were removed, but others remain. Some consumer groups still have concerns.
The legislation requires trials involving crashes with 18-wheelers or other commercial vehicles to be split similarly to criminal trials in Texas. A company would have to be found negligent in a crash in the first phase before the case would proceed to a second phase. If a safety violation is a factor in a crash, it can be addressed in the first phase. Otherwise, a company’s overall safety record could only be brought up in that second phase, where punitive damages would be decided.
“The overall version of this bill still makes our roads more dangerous,” said Bay Scoggin, director of the Texas Public Interest Research Group, in an interview last month. “And I would argue this: if these companies really want to drive down insurance prices, let’s work with them on that. We want safer roads, and we can actually guarantee that safer roads will bring down insurance costs.”
The latest version of the bill also includes a plan to study insurance costs for commercial vehicles.
If Abbott takes no action before June 20, the bill will become law and take effect on Sept. 1.
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