Signed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to pass a bill that limits the liability of trucking companies to ensure victim compensation.

Highlights:

• Defines “accident” as an event in which operating a commercial motor vehicle causes injury or death (Sec. 5).

• Defines “civil action” as an action in which a claimant seeks recovery of damages for bodily injury or death caused in an accident (Sec. 5).

• Defines “claimant” as an individual seeking recovery of damages in a civil action (Sec. 5).

• Defines “commercial motor vehicle” as a motor vehicle being used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services, and not being used for personal, family, or household purposes (Sec. 5).

• Authorizes a claimant to proceed to bifurcated trial if a finding by the trier of fact determines that an employee defendant was negligent in operating an employer defendant’s commercial motor vehicle or fails to comply with regulation or standard (Sec. 5).

• Defines “regulation or standard” as a statute, regulation, rule, or order regulating equipment or conduct adopted or promulgated by the federal government, a state government, a local government, or a governmental agency or authority (Sec. 5).

• Specifies that nothing in the bill will prohibit a claimant from pursuing a claim for exemplary damages relating to the defendant’s failure to comply with the applicable regulations or standards (Sec. 5).

• Requires an employer defendant to be liable for damages caused by the ordinary negligence of an individual operating the employer defendant’s commercial motor vehicle if the individual was an employee of the defendant employer and acting within the scope of their employment (Sec. 5).

Full Bill Text