The Texas House Bill 19 and Bifurcated Trials
Truck accidents can be extremely fatal due to the weight difference between trucks and other vehicles on the road. In the event of an accident, the impact tends to be severe, increasing the fatality rate of such accidents.
Truck drivers are some of the most regulated classes of motorists on US roads. Despite the regulations behind this niche, accidents still happen. For the most part, it is due to negligence from various parties, such as the driver, the trucking company, the loading company, or the truck manufacturer.
Victims of truck accidents can seek compensation, especially when there is an element of negligence in the accident. They can hire experts, such as attorney Felix Gonzalez, for a smoother legal journey. However, a newly passed Texas law may limit the avenues for victim compensation.
House Bill 19 and Bifurcated Trials
On September 1, 2021, the Texas legislature passed HB 19 into law to protect trucking companies from unnecessary and excessive lawsuits.
If recent reports are anything to go by, the benefits of this new law may be one-sided. They may benefit trucking companies at the expense of victims. Why? This new law may limit the type of evidence admissible in truck accident lawsuits.
So, what exactly is this new law? How does it work?
Under the new law, trucking companies that are defendants in a truck accident case may request a bifurcated trial, dividing the trial into different components.
The first component addresses gross negligence on the driver’s part, while the second addresses gross negligence from the company.
Vicarious Liability
To understand just how this new law may affect truck accident victims, we first have to look at how negligence lawsuits work. That said, if an employee causes injury to another party during their employment, then the Vicarious Liability principle applies.
Under the Vicarious Liability principle, the employer is liable for the employee's actions during the entire course of employment. That being said, trucking companies are held responsible for damages caused by negligent drivers.
Such issues are addressed during the first part of the trial, but under the new law, the type of evidence admissible is significantly limited. Under normal circumstances, the plaintiff may present evidence that proves an employee's negligence.
They may also present evidence to show other forms of negligence that may have led to the accident and the ensuing damages. On top of that, they may also present evidence to show how the trucking company’s negligence may have been complicit in causing the accident.
However, under the new law, victims may have difficulty presenting evidence of the trucking company’s negligence and proving liability. For example, a trucking company may have a history of tolerating negligent drivers.
Unless such practices are directly related to the accident, the plaintiff may not be able to present them as evidence in court. This is because the first part of the trial will solely focus on the driver’s negligence, meaning issues with the company’s negligence may be irrelevant in the second part.
Legal Strategies Under HB 19
Since HB 19 brings these complications, it is necessary for legal procedures to work with the adaptation of those victims and to guarantee they get the right compensation. In order to meet the high burden of proof that the driver of the other vehicle was negligent and that his or her negligence directly caused the accident, attorneys must be very careful to document their cases well so that they can assess all of the physical evidence that supports their position. It might mean a focus on highly qualified witnesses, detailed car crash simulations, and a more detailed examination of the driver’s background and the firm’s activities. Legal representatives must also chronically update themselves on the new interpretations of HB19 and existing case laws.
The Takeaway
This way, with the help of this new law, plaintiffs will often not be able to sue for compensation for their damages since the circumstances connected with the negligence of the company will not be admissible in court. There is a need to engage a lawyer who understands how to operate under HB 19 when claiming compensation. A competent lawyer will know what kind of evidence to produce to ensure that you get the just compensation due to you in the event of a truck accident.
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