Texas Lawmakers Consider Bill That Would Make It Harder To Sue Trucking Companies Over Accidents

[TexasTowelie]

The push comes as Texas leads the nation in fatal crashes involving large trucks.

Under the proposed House Bill 19, evidence of negligence in training, hiring or supervising drivers would no longer be allowed in the first phase of a new, two-phase trial process. Only evidence of improper truck maintenance and driver fault could be used in phase one.

Evidence of improper training could be shown in the second phase, but only if the driver was first found to be negligent. And in the second phase, plaintiffs like Harris would have to prove gross negligence, a much higher legal standard that requires proving a company “proceeds with conscious indifference” to safety.

Proving gross negligence also requires a unanimous jury verdict, whereas the lower threshold only needs 10 out of 12 jurors.

Rodriguez says the bill de-incentivizes safety.

Read more: https://www.texasstandard.org/stories/texas-lawmakers-consider-bill-that-would-make-it-harder-to-sue-trucking-companies-over-accidents/

[Karadeniz]

1. Anything for business.

[Deacon Blue]

2. Tort Deform: Beloved Two-Fer for Rs

1. Limiting recoveries means trial lawyers, traditionally Democrats, will have less money for political donations and activities; and

2. Limiting recoveries is a great, big sloppy French kiss (or worse) for the businesses (trucking, insurance) which traditionally support Republican causes.

So who cares if Texas consumers are the ultimate victims? It’s good politics, and good for bidness. And trial lawyers? Those jokers on TV? They need to be put outta business.

And the Republican electorate once again supports candidates who favor big bidness over them: after all, is the average Texan more likely to be be a wealthy stakeholder in the insurance-industrial complex, or roadkill after getting smashed by an 18-wheeler?

This reasoning is behind all so-called tort reform and frivolous lawsuit shaming. Long-running play in Austin, coming to a Republican-dominated legislature near you. And the theaters will be SRO for years.