After a serious 18-wheeler crash on I-10 or Highway 69, you may expect your claim to follow the same path as a typical car accident. Texas House Bill 19 changed that process for certain commercial truck cases by creating a bifurcated, or two-phase, trial system.
Here is what those rules can mean for your claim.
The first phase addresses liability and compensatory damages
The first phase determines who caused the crash and how much compensation you should receive for your injuries and losses.
HB 19 limits when evidence of a trucking company’s regulatory violation can enter this phase. The evidence must connect the violation to the injury or death and involve a specific rule that applies to the conduct, employee, equipment or property involved.
The law also limits certain ordinary negligence claims against a motor carrier. If the company stipulates that the driver worked for it and acted within the scope of employment, the company’s liability for the driver’s ordinary negligence generally rests on respondeat superior. In plain terms, the employer can face responsibility for an employee’s negligence at work.
The second phase addresses exemplary damages
The second phase determines whether you can recover exemplary, or punitive, damages and how much you may receive. This phase can address grossly negligent conduct by the trucking company or another defendant.
A first-phase finding that the driver acted negligently can also support certain employer claims in the second phase, such as negligent entrustment.
Evidence preservation can affect your claim early
Preserving key evidence immediately can protect information you may need to prove what happened. Your attorney can send a spoliation letter asking the trucking company to preserve relevant material before routine retention practices cause it to disappear.
That request may cover:
- ECM or “black box” data
- electronic logging and driver records
- inspection and maintenance records
Early action matters if electronic data gets overwritten or records disappear. It also lets your attorney examine the evidence before the trucking company and its insurer build their defense.
FMCSR compliance can shape the available evidence
Federal Motor Carrier Safety Regulations (FMCSR) provide standards for evaluating a commercial trucking operation. Rules involving driver qualifications, hours of service and vehicle safety may matter when a specific violation connects to the crash. HB 19 limits when this evidence can enter the first phase, so your attorney must assess the records and applicable rules.
Prepare for both phases of your claim
If you suffered serious injuries in an 18-wheeler crash, reviewing available evidence with an attorney soon after the accident can help you protect your right to a claim. Acting promptly means you can preserve records, identify applicable regulations and prepare your claim for both phases before critical information disappears.