The rising costs of liability insurance for trucking companies and the vicarious liability they often face following an accident have been addressed in part by the Texas Legislature. House Bill 19, currently awaiting Gov. Abbott’s signature, may level the playing field a bit between insurers, the companies and the aggressive tactics of the plaintiffs’ bar.
The legislation creates a bifurcated trial process for commercial motor vehicle cases: one stage to determine liability and the amount of compensatory damages focusing solely on the possible negligence of the driver, and a second to determine the trucking company general negligence liability and the amount of exemplary damages, if any.
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