A Texas House bill would shift wreck liability from commercial vehicle companies to its drivers


Texas (KOSA) –

Texas Home Invoice 19 might carry some large modifications for trucking firms and people concerned in large rig accidents and the lawsuits that comply with a wreck.

The sticking level of this invoice is who will take the blame if somebody is harm or killed in a wreck with a business car.

The invoice intends to shift that blame away from firms and onto particular person drivers when injured events file a go well with.

Final month, the unthinkable occurred to the Thompson household.

Margie Thompson and her 9-year-old Hazel have been stopped at an intersection in Kermit when an 18-wheeler slammed into their automotive killing each of them.

“They have been simply doing what they cherished coming from feeding their critters when a careless act took two of them away,” Michael Thompson mentioned of his spouse and daughter.

Thompson is pursuing a civil go well with towards the trucking firm, however the legislation agency representing him says if Home Invoice 19 passes, that case might be shaken.

A crash report discovered the 18-wheeler was poorly maintained with a number of unhealthy brakes and three flat tires. Kevin Glasheen mentioned the go well with ought to take an in depth take a look at the corporate’s security requirements to carry increased ups accountable.

“Nicely, that’s a query we wouldn’t even be allowed to ask or get into underneath Home Invoice 19,” Glasheen defined. “All we might be allowed to do is say okay this truck driver didn’t brake correctly and brought about a wreck. And that’s it.”

Glasheen is towards the invoice as a result of he says if it passes all of the blame for business car wrecks can be put squarely on the driving force’s habits and provides firms room to sidestep security precautions.

Nonetheless, Lucy Nashed with Texans for Lawsuit Reform mentioned that’s not the case.

“That criticism is just false,” Nashed mentioned. “There’s nothing in Home Invoice 19 that modifications any of the security requirements for business autos which are working in Texas.”

Texans for Lawsuit Reform needs the invoice to maneuver ahead as a result of mentioned it is going to assist curb frivolous lawsuits.

“What HB 19 is taking a look at doing is addressing these abusive lawsuits,” she defined. “Points the place the business car wasn’t at fault in an accident and continues to be being sued or an occasion the place the injury was minimal within the accident, however the lawsuits coming in for coverage limits of 1,000,000 {dollars} or extra.”

She mentioned unreasonable claims can do critical injury to business car firms and have to be tamped down.

As for critical instances like Thompson’s, Nashed mentioned the invoice wouldn’t hold him from getting damages by way of the courts.

Glasheen acknowledges within the short-term defendants can nonetheless get what they’re owed, however administration can be let off the hook if the court docket avoids key questions.

“Are they a secure firm?” Glasheen mentioned. “Are they not a secure firm? Are they supervising the drivers? Are they sustaining their vans? None of that may get to come back in.”

Thompson mentioned a go well with received’t carry him peace regardless of the way it performs out in court docket. What he does need is at the least some justice whereas he and remaining daughter attempt to transfer ahead from this tragedy.

“Have been simply attempting to remain sturdy for one another. Simply take recollections and I’m going to proceed to construct their legacy.”

The authors of Texas Home Invoice 19 try to maneuver the invoice out of the Home Committee so it may be dropped at a vote.

Copyright 2021 KOSA. All rights reserved.



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