Business & Commercial LitigationDefending the Insured in Commercial Bus and Trucking Cases

07/22/2024by Thomas Fee

When commercial motor vehicles get into accidents, the damages can be significant. Commercial bus and trucking companies can face expensive compensation claims that insurance companies are asked to pay. Claims costs have been steadily increasing as damage awards in personal injury cases involving commercial motor vehicles continue to rise.

Over-inflated damages awards do not promote justice and ultimately increase the cost of insurance for everyone. A strong liability defense in commercial motor vehicle cases helps limit the payment of claims to amounts that are legitimately owed. This can prevent damages awards from becoming unreasonable.

Accidents Involving Commercial Carriers in Texas

Unfortunately, when it comes to large truck and bus accidents, Texas is also bigger. The Lone Star State consistently leads the nation in fatality accidents involving large trucks, reports the National Highway Transportation Safety Administration (NHTSA). Texas is also one of the top three states for fatal bus accidents.

Part of the reason Texas has so many large truck and bus accidents is that there are a lot of large trucks and buses on its roads. According to the Texas Department of Transportation (TxDOT), there were 25,941 accidents involving semi-trucks and 2,551 non-school bus accidents in Texas in 2021.

Rising Claims Costs for Insurers of Commercial Carriers

With more commercial trucks on the roads, the risk of accidents increases, leading to more insurance claims. However, insurance companies are not bottomless vaults of money that can absorb increasingly large damages awards and stay in business.

Some claimants’ attorneys may work to persuade juries based on general considerations of safety rather than the specific facts of a particular case, resulting in higher damages awards. In response to the growing runaway nature of jury verdicts, the Texas Legislature provided some relief to trucking companies in 2021.

Texas Commercial Cases Now Allow Two Trial Phases

In all civil actions for injury or death filed against commercial motor vehicle owners and operators, a defendant owner now has the right to request that the trial take place in two phases. In the first phase, only the conduct of the vehicle operator can be considered in determining liability and compensatory damages. The trial proceeds to the second phase only if the vehicle operator is found liable.

The second phase considers the conduct of the vehicle owner and exemplary damages. A bifurcated trial protects commercial vehicle owners from liability in cases where the vehicle operator has no negligence in causing the accident at issue.

The Basis for Making Claims Against Commercial Motor Vehicle Companies

In Texas, an employer is liable for the conduct of an employee acting within the scope of employment. A claimant must prove an employee’s conduct was unreasonable (negligent) and that the employee was acting on behalf of an employer. In addition to vicarious liability, an employer may incur further liability for its own unreasonable actions.

The following are theories of liability typically alleged against commercial motor vehicle companies:

  • Operator Negligence – Evidence of negligence can include violations of law, inattention or distraction, substance misuse, fatigue, and poor judgment. In Texas, if no operator negligence is found, then no liability can be established against the vehicle owner.
  • Vicarious Liability of Employer – If the vehicle owner is the employer of the vehicle operator and the operator is found negligent, then the owner is liable as a matter of law.
  • Negligent Hiring, Training, Supervising, or Retention by Employer – An employer may incur direct liability by acting unreasonably in relation to an employee regarding the ability to do the job.
  • Negligent Equipment Maintenance – If faulty equipment on a commercial vehicle contributed to the collision, it may be due to the neglect of proper maintenance to ensure safe performance.

Defenses to Liability for Commercial Bus and Trucking Companies

The primary strategy used when defending commercial motor vehicle claims is to focus on the liability by the claimant or anyone else other than the vehicle operator. Proving liability involves conducting a thorough investigation into the circumstances of an accident and presenting expert opinions on the likelihood of events.

Attorneys may use any combination of several techniques to build a powerful defense strategy in commercial truck and bus accident cases, including:

  • Comparative Negligence – Any liability attributed to the person making the claim proportionately reduces the amount of damages that must be paid.
  • Negligence of Another – Another motorist may contribute to the accident, hazardous road conditions might be due to inadequate maintenance by the state, or the manufacturer or service provider could be responsible for a mechanical failure.
  • Unavoidable Accident – An accident may be considered unavoidable if the party in question could not have foreseen or prevented the circumstances by reasonable care.
  • Sudden Emergency – Unexpected circumstances may require split-second reactions that were reasonable under the circumstances.
  • Act of God – A natural occurrence that could not be foreseen nor prevented.
  • Pre-existing Injuries – This is a strategy to limit damages after liability has been established. Damages are to be paid only for injuries that are related to the current claim.

Fee, Smith & Sharp LLP Defends Commercial Truck and Bus Accident Claims

Keeping the cost of commercial bus and truck accident claims consistent with the goals of justice and equitability is good for everyone. Those injured can receive fair compensation. Insurance companies can also operate profitably and maintain reasonable rates for commercial carriers. Commercial carriers can continue to transport goods and provide transportation services that are affordable and adequate.

At Fee, Smith & Sharp LLP, we have a strong commitment to the transportation industry. Our long-term, satisfied clients include bus companies and national as well as international trucking companies. Our commercial litigation attorneys are well versed in regulatory and technical issues and prepared to aggressively defend our clients using all available legal means. In Dallas, Austin, and Houston, put the experienced legal defense team at Fee, Smith & Sharp LLP to work for you.

Fee, Smith & Sharp White Logo
Dallas | 972-934-9100
Austin | 512-479-8400
Houston | 713-362-8300
info@feesmith.com

Follow us:

INFORMATION

Copyright © 2023 Fee, Smith & Sharp LLP All Rights Reserved