If you've been hurt in an accident involving a large commercial truck in Houston, seeking compensation through the legal system can be complicated. Houston truck accident lawyer guidance is essential under current Texas laws that affect how these claims proceed. That’s because in 2021, Texas passed a major law that reshaped how these cases are handled. This law, known as House Bill 19, introduced a brand-new, two-phase trial system, called a "bifurcated trial," that directly impacts how a Texas HB 19 truck accident lawsuit unfolds.
Key Takeaways about Texas HB 19 and Truck Accidents
- A 2021 law, Texas House Bill 19, created a new two-phase trial system for many lawsuits involving commercial vehicles.
- This two-phase process is called a "bifurcated trial," meaning the trial is split into two separate parts.
- The first phase of the trial focuses only on the truck driver's actions and the direct damages owed to the injured person.
- Evidence against the trucking company for its own negligence is generally not allowed until the second phase, which has strict requirements to initiate.
- This legal change can affect case strategies and how settlement negotiations are approached in truck accident claims.
- The law does not change an injured person's fundamental right to seek compensation after being harmed by a negligent truck driver.
What is Texas HB 19, and Why Was It Passed?
On September 1, 2021, a new piece of legislation called Texas House Bill 19 went into effect, fundamentally changing the landscape of commercial vehicle accident litigation in the state. Proponents of the bill argued it was necessary to create a fairer and more balanced legal environment for the trucking industry, which they felt was facing excessive lawsuits and unfairly large jury awards.
The core of this law is the creation of a "bifurcated trial" system. Before we dive into what that means, it's important to understand the old way. Previously, if you were injured by a negligent truck driver, you could present your entire case against both the driver and their employer, the trucking company, at the same time. You could show the jury not only that the driver made a mistake but also that the company may have contributed to the accident through its own careless actions, like poor vehicle maintenance or inadequate driver training. Texas HB 19 changed this unified approach.
The "Bifurcated Trial": Explaining the Two-Phase Process
The most significant change that HB 19 created is the "bifurcated trial." After a truck accident, this new process can affect how your case unfolds in court. Think of it as splitting a single trial into two separate mini-trials. The trucking company can request this split, and it dramatically changes what information a jury gets to hear and when.
Phase One: Focusing on the Driver
The first phase of the trial is narrowly focused. The jury is only asked to decide two main things: whether the truck driver was negligent and, if so, the amount of "compensatory damages" the injured person is owed.
- Negligence: This is a legal term for failing to act with reasonable care, causing harm to someone else. In a truck accident, this could mean the driver was speeding, distracted, or violated traffic laws.
- Compensatory Damages: This is money intended to "compensate" you for your actual losses. It includes tangible costs like medical bills and lost wages, as well as non-economic damages for things like pain, suffering, and mental anguish.
During Phase One, the jury typically will not hear any evidence about the trucking company’s own potential wrongdoing. For example, evidence that the company knowingly hired a driver with a history of drunk driving, or that they consistently skipped mandatory safety inspections on their fleet, is usually kept out of this first part of the trial. The company is held responsible for the driver's actions only because the driver is their employee—a legal concept known as respondeat superior.
This phase essentially isolates the driver's single action at the moment of the crash from the company's broader patterns of behavior. You need a personal injury lawyer? Having one can help you navigate these complex trial phases and protect your right to full compensation.
Phase Two: Examining the Trucking Company
Getting to Phase Two is not automatic and presents a significant hurdle. For the trial to proceed to this second part, the injured person must first win Phase One. Then, they must prove that the driver's actions amounted to "gross negligence."
Gross negligence is a much higher standard than ordinary negligence. In Texas, it means an act or failure to act that involves an "extreme degree of risk, considering the probability and magnitude of the potential harm to others," and of which the person had "actual, subjective awareness" but proceeded anyway with "conscious indifference" to the rights and safety of others. In plain English, it means the driver’s conduct was so reckless that they had to know someone was likely to get seriously hurt, but they just didn’t care.
Only if you can prove gross negligence in Phase One can you then move to Phase Two. In this second phase, you are finally allowed to present evidence directly against the trucking company for its own failures. This could include:
- A pattern of pushing drivers to violate federal hours-of-service rules designed to prevent fatigue.
- Failure to conduct proper background checks or drug tests on drivers.
- Ignoring a truck's known mechanical issues, such as faulty brakes or worn-out tires.
- Lacking a meaningful safety program or failing to enforce existing policies.
In this phase, you can also seek "exemplary damages" (often called punitive damages), which are meant to punish the company for its severe misconduct and deter similar behavior in the future. Hire a personal injury lawyer to help you pursue these damages and build a strong case for accountability. Because this evidence can be so powerful, reaching Phase Two is a critical goal in cases where a company's systemic failures led to a crash.
How Does the Texas HB 19 Truck Accident Law Impact Your Case?
This new two-phase system has major strategic implications for anyone filing a Texas HB 19 truck lawsuit. The law creates new challenges that must be handled carefully from the very beginning of a claim.
The Challenge of Proving "Gross Negligence"
The single biggest hurdle is the high bar for proving gross negligence. Ask a personal injury lawyer how to gather the right evidence and meet this strict legal standard. It's not enough to show a driver made a simple mistake, like momentarily looking away from the road. You must build a case showing their actions were extreme and that they knew the risks. This makes it much harder to hold a trucking company accountable for its own independent failures, as the door to that evidence (Phase Two) remains locked unless you first clear this high bar.
Potential Effects on Settlement Negotiations
This legal shift can also change the dynamics of settlement talks. A trucking company and its insurance carrier might feel they have more leverage. They may offer a lower settlement amount, gambling on the idea that an injured person's legal team won't be able to find and present the powerful evidence needed to prove gross negligence and unlock the damaging information in Phase Two.
They know that if they can keep the case confined to Phase One, their total financial exposure might be significantly lower. This makes a strong, evidence-based strategy more important than ever.
The Importance of a Thorough Investigation
In the wake of this law, the initial investigation into the accident is no longer just important—it is absolutely critical. The need to uncover evidence of gross negligence means your legal team must dig deeper, faster. This includes immediately working to preserve key evidence before it can be lost or destroyed, such as:
- The truck's "black box" recorder (ECU/ECM): This device records data on speed, braking, and other operational details just before a crash.
- Driver's logs: These show whether the driver was complying with federal rules limiting driving hours, which are designed to prevent drowsy driving.
- Company records: This includes the driver's employment file, training history, post-accident drug and alcohol test results, and the truck's full maintenance and inspection history.
Gathering this information quickly is vital to building a case that can overcome the challenges of a bifurcated trial in a Texas truck lawsuit.
What Hasn't Changed After This Truck Accident Law Change in Texas?
While HB 19 has created new procedural hurdles, it is essential to remember what has not changed. Accident lawyer help you understand your rights and guide you through these new legal processes. The law does not take away your fundamental right to seek justice and financial recovery if you have been hurt by someone else’s negligence.
- Your right to compensation remains: You can still sue a negligent truck driver and their employer to recover damages for your medical bills, lost income, property damage, and pain and suffering.
- Trucking companies are still responsible: A company is still automatically liable for the ordinary negligence of its on-duty driver. The new law just changes the process for proving the company was also negligent in its own right.
- The danger is still real: Truck accidents continue to be a serious problem on Texas roads. According to the most recent Texas Department of Transportation (TxDOT) data, there were over 39,000 crashes involving commercial motor vehicles in Texas in a single year, underscoring the ongoing need for accountability.
These core principles of justice remain intact. The path to achieving it has just become more complex, requiring a more focused and strategic approach.
Navigating Your Claim in a Post-HB 19 World
The new reality of a truck accident claim since HB 19 means that you and your legal team must be prepared for a more complicated fight. When to get an attorney is critical—early legal help can make all the difference in preserving evidence and building a strong case. Success depends on building a powerful case from the moment the accident happens, with an eye toward meeting the high standards required by the new law. While your legal counsel handles the complex investigation, there are steps you can take from home to protect your rights.
- Document Everything: Keep a simple journal to track your medical appointments, your pain levels, and the ways your injuries are affecting your ability to work, sleep, and enjoy your daily life. This record can be invaluable later on.
- Preserve All Paperwork: Hold onto every document related to the accident and your recovery. This includes the police report, medical bills, receipts for prescriptions, pay stubs showing missed work, and any correspondence from insurance companies.
- Be Mindful of the New Process: Understanding that the legal road ahead has two distinct phases can help you set realistic expectations. Building a case strong enough to reach Phase Two takes time and meticulous preparation, which is why a deep investigation from the start is so crucial.
Maneuvering this process requires a deep understanding of these new legal rules and a commitment to uncovering every fact that can help prove your case.
Texas HB 19 Truck Accident FAQs
Many people have questions about how new laws might affect them. Here are answers to some common concerns:
Does HB 19 apply to all car accidents in Texas?
No, this law specifically applies to civil lawsuits involving a "commercial motor vehicle." This includes large 18-wheelers, semi-trucks, dump trucks, and many other large work vehicles. It does not apply to a typical accident between two personal passenger cars.
Can I still sue a trucking company directly for my injuries?
Yes, you can. The trucking company is still legally responsible for the actions of its driver while they are working. HB 19 primarily changes the trial procedure and the order in which you can present different types of evidence against the driver and the company.
What is the difference between "negligence" and "gross negligence"?
Negligence is the failure to use ordinary care, like a driver who causes a crash by briefly taking their eyes off the road to change the radio station. Gross negligence is far more serious; it involves consciously taking an extreme risk that is likely to harm someone, like a driver deciding to get behind the wheel while intoxicated or a company forcing a driver with no training to haul hazardous materials.
How does a bifurcated trial affect how long my case will take?
It can potentially make the process longer. Because the trial is split into two parts, it may require more time in court if your case proceeds through both phases. It also adds complexity to the pre-trial investigation and preparation, which can extend the overall timeline of your claim.
Will my case definitely go to a two-part trial because of HB 19?
Not necessarily. Most personal injury cases, including truck accident claims, are resolved through a settlement before ever reaching a trial. However, the possibility of a bifurcated trial heavily influences settlement negotiations and the strategy used to prepare your case from day one.
Let the Suits & Boots Team Assist You
The legal system has become even more complicated with the passing of the Texas HB 19 truck accident law. If you suffered injuries in a truck accident, you deserve a legal team that understands this new landscape inside and out and is ready to do the hard work required to build the strongest case possible for you.
At Suits & Boots Accident Injury Lawyers, we are not your typical personal injury firm. We were founded because we believe people deserve better. We combine the tireless investigation and groundwork (the BOOTS) with sophisticated legal and trial strategy (the SUITS) to champion your cause.
Our unique Max Money Method and our No Cost, No Obligation 30-Day Investigation are designed to dive deep into the facts of your case from the very beginning—an approach that is more essential than ever under these new laws. We’re here to get you saddled up and ready for the ride to recovery.
The road to recovery can feel long, but you don't have to travel it alone. Claim or start your free Investigation with Suits & Boots Accident Injury Lawyers today by contacting us at (713) 489-0922 or through our online form. Let us help you move forward with confidence.