While most professional truckers drive safely, accidents happen all too frequently. A truck driver who is at fault for a crash is personally liable for the other party’s injuries and damages. The driver’s employer can also be held liable for an employee’s negligence in carrying out work-related actions. However, a recent change in Texas law makes it more difficult for an injured party to hold a commercial trucking company responsible for damages caused by driver it employs.

As of September 2021, when the new Texas law took effect, pursuing a claim against a trucking company is a two-step process. The injured party must first prove that the driver of the truck was at fault for the accident. The trucking company is not involved in this first part of the case. If the injured party cannot prove that the driver is at fault, the trucking company that employs the driver has no liability. If the injured party does prove the driver was at fault, then the claim can proceed.

The second part of the case is the damages phase. The victim must prove all of his or her injuries and damages. The trucking company is involved in defending this part of the case, as an employer can be held liable for its employee’s negligence on the job.

The change in the law was not without controversy. Its proponents asserted it was necessary to protect companies from frivolous lawsuits and unreasonable damage awards. The trucking industry argued that trucking companies are viewed by juries as “deep pockets” who can afford to pay out large claims. Critics of the law asserted that shielding trucking companies from liability will discourage them from maintaining robust driver safety training programs and that as a result, road safety will be compromised.

Note that there are other legal theories that can directly impose liability on the company. An experienced truck accident lawyer can provide additional guidance in a specific case. Damages can include medical expenses, property damage, lost wages and pain and suffering. The driver and the trucking company can both be held liable for the proven losses.

Located in Conroe, Hope & Causey is one of the Houston area’s most highly respected personal injury law firms, with wide experience handling Texas truck accident cases. Our attorneys give each client the time, attention and guidance necessary at each step of an accident claim with a view to securing the best possible results. If you have been injured by a commercial truck or other have been in any other type of road accident, feel free to contact us online or call 936-441-4673 for an initial consultation.