It was still early in the morning, and the sun was just rising. Mr. Harris was heading to work on Highway 183. A line of cars was stopped. The five-car line was headed by Mr. Harris. The last car in the lineup was hit by an 18-wheeler. He didn’t see the cars fast enough to stop in time for the dawn, which was still dark. His high beams were not on.
Although the accident occurred in 2016, Mr. Harris survived the injury and has suffered from neck and back pain. His management now makes sure that he does not lift any heavy objects and he works in a construction firm. He can take breaks as needed.
After bringing a personal injury case against the trucking company, Mr. Harris was awarded a settlement. The trucking company failed to train the trucker to use high beams at night, even though the driver was only working the overnight shift. Neglectfulness was evident in the absence of training.
If a new proposal is made by the Texas Legislature, cases like this could be handled differently. This would restrict the evidence that can be presented at a trial. This would make it more difficult to win cases and make trucking companies less willing to settle.
According to a Federal Motor Carrier Safety Administration report, Texas had 20.52 deaths involving large trucks per million in 2018. According to the FMCSA analysis, Texas also had more fatalities involving large trucks than other states.
House Bill 19 would prohibit the use of evidence of negligence in hiring or training drivers. The only evidence of negligence in hiring, training, or supervising drivers would be allowed in the first phase. However, improper truck maintenance and driver fault could still be presented in phase 2.
Phase two would require evidence of gross negligence. This is a higher legal standard that requires proof that a company “proceed with conscious disregard” to safety. A unanimous jury must decide whether gross negligence is proven. To determine the lower threshold, you will need to have 10 of the 12 jurors vote accordingly.
Brooks Schuelke (an Austin truck accident lawyer), said that this would bring life to the expression “One and done” and that it was over. He was not involved in the case.
“If the bill is passed, most cases will not go beyond phase one as there would be no evidence to support it.”
Schuelke stated, “It shouldn’t surprise that insurance companies and trucking companies love this measure and feel their industry has been inundated by unfair lawsuits.”
“It’s a fact that too many truck accidents have occurred that shouldn’t have.”
If you are injured or lost in a truck accident, it is important to consult an Austin truck accident lawyer immediately.
https://www.civtrial.com
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944
from lawyers.buzz https://lawyers.buzz/improperly-trained-trucker-alledgely-causes-accident/244/
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