Texas House Bill HB19

Texas 2021 - 87th Regular

Caption

Relating to civil liability of a commercial motor vehicle owner or operator, including the effect that changes to that liability have on commercial automobile insurance.

Impact

The impact of HB19 is significant as it alters the landscape of liability pertaining to commercial motor vehicles. By mandating a bifurcated trial process, the bill potentially expedites legal resolutions while also outlining clearer guidelines on how evidence regarding operator conduct and compliance with regulations will be assessed. Additionally, the bill requires a study to be conducted every two years on the effects of these changes on commercial automobile insurance premiums and availability, suggesting an ongoing evaluation of its implications on the insurance market and the financial ramifications for commercial vehicle owners.

Summary

House Bill 19 relates to the civil liability of commercial motor vehicle owners and operators, aiming to clarify and define the obligations and constraints within this area. The bill amends existing provisions in the Civil Practice and Remedies Code to introduce a bifurcated trial structure for civil actions concerning accidents involving commercial vehicles. This change allows for a more organized approach to litigation, where the jury first determines liability and compensatory damages, followed by a second phase focusing on exemplary damages if applicable. The introduction of specific definitions aims to streamline the legal proceedings following such incidents, positively impacting both claimants and defendants involved.

Sentiment

The sentiment around HB19 appears to be mixed, with various stakeholders expressing concerns and support. Advocates for the bill include insurance representatives who view these changes as beneficial for reducing ambiguity in liability cases and potentially lowering insurance rates through clearer legal procedures. Conversely, some critics raise concerns that the alterations to liability structures might limit the ability of claimants to seek redress for damages, particularly in instances of negligence that could otherwise lead to higher levels of accountability for vehicle operators and their employers.

Contention

Notable points of contention surrounding HB19 include whether the changes will inadvertently protect negligent operators under the guise of clearer guidelines, and whether the bifurcation of trials could create disadvantages for claimants seeking full accountability from commercial vehicle owners. Opponents argue that the bill skews the balance of liability, potentially favoring businesses by making it harder to attribute negligence to employers when their employees are at fault. This highlights a broader debate about the need for regulatory balance and protection for all parties involved in commercial motor vehicle accidents.