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Understanding The New Trucking Liability Act: Texas Civil Practice and Remedies Code § 72.051 Et Seq.

by | Apr 17, 2024 | Truck Accident Defense

Although most trucking companies and truck drivers aim to carry out their duties safely, accidents can still occur, often introducing complex liability issues. While both the driver and trucking company may be held liable for the victim’s damages, Texas’ new Trucking Liability Act makes it more challenging for victims to sue trucking companies. This new law, applying to cases after September 2021, can split truck accident trials into two parts, potentially shielding trucking companies from liability. 

If your company is facing legal challenges after a truck accident, it is essential to understand the laws surrounding your case as well as your legal options. At Fahl & Donaldson, our attorneys are dedicated to fighting aggressively for your business interests. We understand the unique complexities of federal and state-level trucking laws and can help you determine the best path forward. With our attorneys in your corner, you may be able to avoid costly litigation and defend your business’ future. 

What You Need to Know About Texas’ New Trucking Liability Act

Under Texas Civil Practice and Remedies Code § 72.051 Et Seq., any legal actions filed against a trucking company after September 2021 follow a two-step process. During the first phase of the trial, the plaintiff must prove that the truck driver was at fault for the accident and that the driver was acting within the scope of their employment. If the plaintiff and their attorney cannot prove the truck driver’s fault, the trucking company cannot be held liable for any losses. If the driver’s fault is established, the claim may proceed. 

During the second phase of the trial, the trucking company’s role in the accident is examined, and it is determined whether damages should be assessed. Plaintiffs may claim negligence on the part of the trucking company due to failure to perform maintenance, poor hiring practices, or gross negligence. Splitting the trial into two phases must be initiated by the trucking company no more than 120 days after the defendant answers the claim. 

How a Skilled Truck Accident Defense Attorney Can Help You

While the new law is favorable to trucking companies, the specific process and nuances can be challenging to understand and act on alone. A skilled truck accident defense attorney can help you use Texas’ new Trucking Liability Act to your advantage as we work to defend your business. A few of the many ways we can help you include the following:

  • Investigating every detail of your claim
  • Determining how Texas’ unique laws apply to your case
  • Negotiating with all parties on your behalf
  • Collecting evidence to support your case
  • Defending your rights and interests throughout the legal process
  • Answering your legal questions
  • Crafting a defense tailored to your needs

When you choose our firm, you can have peace of mind that your case is in the experienced hands of a skilled legal professional. 

Discuss Your Case With a Seasoned Truck Accident Defense Attorney at Fahl & Donaldson

At Fahl & Donaldson, we are committed to helping trucking companies defend against costly litigation that could damage their reputation as well as their bottom line. We have many years of experience helping our clients defend against liability claims and safeguard their business interests. Our attorneys have an established history of success and are ready to provide the dedicated representation you deserve. We know how daunting these claims can be and will do everything in our power to ensure your business continues to run smoothly. 

Schedule a free consultation today by calling (346) 241-7355 or completing our contact form.