Texas bill aims to protect trucking companies from legal action following crashes
EL PASO, Texas (KFOX14/CBS4) — New legislation could make it harder to sue a trucking company if injuries are reported in a crash involving a commercial vehicle.
Investigators believe the driver of the cement truck, 46-year-old Ricardo Moreno Esparza who died, was having issues with his brakes moments before crashing into a semi-truck at the intersection of Transmountain and North Desert Boulevard Wednesday morning.
It’s unknown if any lawsuits will be filed.
Texas house bill 19 would change who faces penalties when a commercial vehicle driver injures or kills another driver on the road.
If passed, the bill could allow major trucking companies to no longer be held liable in court after crashes.
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The commercial vehicle industry advocates the law would help protect companies from having to pay out lawsuit verdicts.
Critics of the proposed legislation say it will create a free pass for trucking companies because the plaintiff would have to demonstrate grossly negligent behavior in order to sue a company whose employee caused injury or death.
“Under house bill 19 we would only be able to say that the truck driver was driving fatigued, it’s his fault. Well, that’s kind of like, don’t look at this big bad trucking company over here who are the ones who told him he had to drive 12 hours a day,” said attorney Kevin Glasheen.
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The reality of sharing the road with large commercial vehicles, and the risks they present, bring the proposed law into sharper focus.
“It’s really a way for trucking companies to just like avoid being held responsible or accountable for the way they hire and supervise their drivers,” said Glasheen.
Trucking companies state that it’s gotten much harder to obtain liability insurance and hope this bill will help them stay afloat.
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