Texas House Bill HB42

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to liability for injury arising from a motor vehicle accident.

Impact

By restricting the ability to claim noneconomic and exemplary damages for certain violators, HB42 is expected to impact the legal landscape surrounding motor vehicle accidents in Texas. Supporters believe this will deter reckless driving and reduce false or inflated claims, contributing to lower insurance premiums and a decrease in litigation costs. However, the bill may also lead to serious victims of motor vehicle negligence facing challenges in obtaining fair compensation, thereby fostering concerns about access to justice and the adequacy of legal remedies available to them.

Summary

House Bill 42 aims to define and limit the liability for injuries arising from motor vehicle accidents in Texas. The proposed legislation introduces a new chapter to the Civil Practice and Remedies Code, specifically addressing the conditions under which an injured party may claim noneconomic or exemplary damages. The bill stipulates that individuals knowingly operating a vehicle in violation of certain laws shall be barred from seeking these types of damages in civil actions, unless specific exceptions apply, such as being injured by an intoxicated driver or due to gross negligence of another party. This change in liability could significantly influence how motor vehicle accident cases are handled in the state.

Contention

The bill draws notable contention as it places the onus of liability on the actions of the injured parties, which critics argue may discourage responsible driving behavior. Although the intent behind the bill is to reduce claims and legal disputes, opponents highlight that this could lead to inequitable outcomes where victims of serious accidents caused by irresponsible drivers struggle to secure compensation for their injuries or losses. The debate also touches on issues of public safety and the balance between holding individuals accountable for violations and providing adequate protections for victims.