Relating to civil actions or arbitrations involving transportation network companies.
This legislation has significant implications for both plaintiffs and transportation network companies. By instituting the affidavit requirement, the bill seeks to manage the volume of frivolous claims filed against TNCs, which proponents argue will create a more efficient judicial process. It aims to clarify the conditions under which TNCs can be found liable, limiting their liability unless it can be shown that they have committed a crime or failed to meet their obligations to drivers. As a result, the bill could alter the landscape of liability for TNCs, potentially reducing their insurance costs and legal exposure.
House Bill 2788 aims to define and regulate civil actions or arbitrations involving transportation network companies (TNCs). The bill amends the Civil Practice and Remedies Code by adding a new chapter specifically addressing the requirements for litigation against TNCs concerning bodily injury, property damage, or death occurring while a driver or passenger is logged onto the company's digital network. A key provision is the requirement for claimants to provide an affidavit confirming that their damages exceed the insurance coverage limits before initiating a lawsuit, thereby establishing a preliminary screening mechanism.
The sentiment surrounding HB 2788 appears to skew positive among legislators who advocate for smaller government and regulatory relief for businesses. Supporters view the bill as a necessary measure to ensure that transportation network companies remain viable and competitive in their operations. However, there may be some contention from personal injury advocates and consumer protection groups who perceive the bill as offering excessive protection to TNCs at the expense of consumer rights and safety.
Notable points of contention surrounding the bill revolve around the balance between protecting consumers’ rights and imposing barriers for those seeking justice in civil claims. Critics argue that the affidavit requirement may deter legitimate claims due to the added burden on claimants to prove that damages exceed coverage limits upfront. Additionally, concerns have been raised about the potential impact this could have on injured parties who might be unable to meet these requirements, thereby limiting their access to the courts for seeking compensation.