Schuelke Law Comments on Trucking Lawsuit Bill Remains Controversial

HB 19 passed in 2021 intending to reduce trucking insurance rates by changing the way families must bring lawsuits in fatal truck accidents. Three years later, however, the bill remains controversial. 

Under HB 19’s rule change, any lawsuit involving a commercial vehicle must be “bifurcated,” or split into two stages. In the first stage, an injured person or their surviving family must demonstrate that the driver of the commercial vehicle was negligent. If the injured person or their family succeeds, only then may they move on to discussing whether the trucking company was negligent as well. 

Supporters of HB 19 say that the law is meant to prevent juries from placing undue blame on trucking companies. Opponents, however, say that the law has made trials more confusing and difficult, unfairly targeted drivers, and allowed negligent trucking companies to avoid accountability for their actions. 

Three years later, supporters of HB 19 are pushing for additional reforms – while opponents are pushing to have HB 19’s changes reversed. 

Supporters want additional changes in the hope that these alterations will curb commercial auto insurance rates. In the three years since HB 19 passed, commercial auto insurance rates have increased by 16.5 percent on average, according to the Texas Department of Insurance. A new report is expected December 1, 2024. 

Supporters say that HB 19 simply hasn’t had enough time to lower those rates. Opponents counter that the bill will not lower insurance rates as promised – yet it will continue to make the fight for justice more difficult for injured people and their families. 

“When another party’s negligence claims a life, families deserve justice,” says Austin personal injury lawyer Brooks Schuelke. “Working with an experienced attorney can help these people get their lives back.”