Trucking accidents often lead to intricate liability disputes involving both the truck driver and the trucking company. Recent legislative changes in Texas, specifically the new Trucking Liability Act codified under Texas Civil Practice and Remedies Code § 72.051 et seq., have introduced a new layer of complexity. Effective for cases filed after September 2021, this law potentially shields trucking companies from liability through a bifurcated trial process.
Key Elements of Texas Civil Practice and Remedies Code § 72.051 Et Seq.
The Bifurcated Trial Process
Under the new statute, lawsuits against trucking companies are subjected to a bifurcated trial process upon request by the defendant. This two-phase approach aims to separately address the fault of the truck driver and the liability of the trucking company:
Phase One: Establishing Driver Fault
In the initial phase, the plaintiff must prove that the truck driver was at fault for the accident and was acting within the scope of their employment at the time of the incident. Without establishing the driver’s fault, the trucking company cannot be held liable for any damages.
Phase Two: Assessing Company Liability
If the driver’s fault is established, the trial moves to the second phase. This phase focuses on the trucking company's potential negligence. Plaintiffs may argue that the trucking company is liable due to factors such as inadequate vehicle maintenance, negligent hiring practices, or gross negligence. The court will subsequently determine the extent of damages to be awarded based on the company’s liability.
Strategic Implications for Plaintiffs and Defendants
The defendant trucking company must request the bifurcation of the trial within 120 days after responding to the plaintiff's claim. This procedural step is critical, as it leverages the bifurcated structure to potentially limit the company’s exposure to liability.
Practical Considerations for Legal Practitioners
Understanding the nuances of Texas Civil Practice and Remedies Code § 72.051 et seq. is essential for both plaintiffs and defendants in trucking accident cases. Legal practitioners must be adept at navigating the bifurcated trial process, ensuring that evidence is effectively presented in both phases to substantiate claims of driver fault and company liability.
For plaintiffs, this means meticulously gathering and presenting evidence of the driver’s fault and the trucking company’s negligence. For defendants, it involves a strategic defense that can separate the driver’s actions from the company’s responsibility, potentially mitigating overall liability.
Conclusion
The recent Trucking Liability Act introduces significant changes to how trucking accident cases are litigated in Texas.
For more detailed guidance on navigating the complexities of trucking accident liability under Texas Civil Practice and Remedies Code § 72.051 et seq., please contact our law firm at info@GirePLLC.com. We are here to help you understand and effectively address these legal challenges.