Most big truck crashes in Texas have many causes. A driver might cause the wreck, but the company that hired them may also be at fault. Furthermore, other groups like repair shops, shippers, or part makers, could be liable too. However, new Texas laws make it harder to hold these companies fully responsible.
Let’s look at how liability works in Texas truck accidents and what money you can recover in court.
What shields trucking companies?
In practice, finding out who is at fault after a truck crash is hard because of new laws. With Texas House Bill 19 (HB 19) passed in 2021, the law changes how you can sue trucking firms. As a result, this law erected substantial barriers that separate driver negligence from the company’s corporate liability.
Some key parts of HB 19 include:
- Forked or bifurcated trials: The trial splits into two phases. Phase 1 looks at driver negligence and compensatory damages. On the other hand, Phase 2 determines the employer’s direct liability and punitive damages.
- Heightened burden of proof: The law restricts presenting direct negligence claims against the employer in Phase 1. Consequently, you must follow strict procedural steps to prove vicarious liability.
- Corporate protective measures: The trucking company gains a defense that protects them from immediate scrutiny.
By forcing the focus onto the driver first, HB 19 makes it harder to hold the company itself accountable for systemic failures.
Recoverable damages
Victims of truck wrecks often face life-altering injuries and astronomical costs. Therefore, if you are involved in a truck accident, it is necessary to calculate and pursue all recoverable damages.
They fall into a few general categories:
- Medical debt and future care: This includes your hospital bills, surgery and rehabilitation costs. However, damages may include lifelong medical treatment, home modifications and specialized care.
- Lost earning capacity: Beyond immediate lost wages, victims can recover compensation for the loss of future income.
- Non-economic damages: Texas law allows for the recovery of “pain and suffering,” mental anguish and physical impairment.
- Exemplary (punitive) damages: Finally, there are cases where courts may award punitive damages to punish the corporation for its conduct. This is done to deter future similar incidents.
HB 19 has created a more challenging environment for injured parties. Nevertheless, a detailed legal strategy focused on comprehensive damage assessment remains the most effective way to secure compensation.
If you are seeking to recover punitive damages, consider consulting a legal professional. After all, knowing the law can help you develop a strategy tailored to your situation.