Beverly Law. Updated November 2026.
Hit by a commercial truck in Texas?
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What HB 19 changed and which cases it covers
House Bill 19 added Subchapter B to Chapter 72 of the Texas Civil Practice and Remedies Code. It applies to lawsuits commenced on or after September 1, 2021 (HB 19, Section 6).
The rules cover a claim for bodily injury or death caused in a collision when a defendant operated a commercial motor vehicle, or owned, leased or controlled the vehicle or its driver (CPRC 72.051). A commercial motor vehicle is one used for commercial purposes to haul property or passengers, deliver goods or provide services, including a trailer it pulls. That reaches 18-wheelers, box trucks and delivery vans. A vehicle in personal, family or household use at the time is excluded.
The two-phase trial and when the trucking company can ask for it
The split trial is the defendant’s choice. If a defendant files the motion on time, the court must grant it (CPRC 72.052). The motion is due by the later of:
- 120 days after that defendant files its original answer, or
- 30 days after the injured person files a pleading that adds a claim against that defendant.
| Phase | What the jury decides | Evidence focus |
|---|---|---|
| Phase one | Who is liable and the amount of compensatory damages | Crash facts, violations tied to its cause, the 72.054(c) list |
| Phase two | Whether exemplary (punitive) damages are owed, and how much | The company’s wider conduct and other violations |
A phase-one finding that the employee driver was negligent can support a negligent entrustment claim against the employer in phase two. Exemplary damages still require clear and convincing proof that the harm came from fraud, malice or gross negligence, and a unanimous jury (CPRC 41.003).
What evidence is limited in phase one
In phase one, evidence that a defendant broke a statute, regulation, rule or order is admissible only if both of these are true (CPRC 72.053):
- the evidence tends to prove the violation was a proximate cause of the injury or death, and
- the rule is specific and governs, or is part of a duty of care for, the defendant, its employee, or its property or equipment.
A violation with no link to the crash may stay out of phase one, but it can still support an exemplary damages claim in phase two.
HB 19 also addressed crash photos. A court may not require expert testimony to admit a photo or video of a vehicle or object involved in the collision, except as needed to authenticate it. A properly authenticated photo or video is presumed admissible even if it bears on how severe the damage or injuries were (CPRC 72.055).
The employer stipulation rule
A trucking company can stipulate, by the bifurcation deadline, that the driver was its employee acting within the scope of employment. Its liability for the driver’s ordinary negligence then rests only on respondeat superior, the rule that makes an employer answer for an employee’s negligence on the job (CPRC 72.054). In a split trial, the injured person generally cannot present phase-one evidence on claims like negligent entrustment that depend on the driver’s negligence.
The exception applies when the employer is regulated under the federal Motor Carrier Safety Improvement Act of 1999 or Texas Transportation Code Chapter 644. Phase one can then include a fixed list of facts, used only to prove negligent entrustment. For the driver, the list includes whether he or she:
- was licensed, disqualified, under an out-of-service order or driving in violation of a license restriction;
- had a road test certificate and medical certification (49 CFR 391.31, 391.41);
- was driving that day when the drug and alcohol rules or the hours limits in 49 CFR 395.3 or 395.5 prohibited it;
- was texting or using a handheld phone (49 CFR 392.80, 392.82);
- had refused a required drug test, including a post-accident test, in the prior two years;
- gave the company an employment application, if the crash happened in the driver’s first year.
For the employer, it asks whether the company let the driver operate in violation of those rules, did pre-employment drug testing (49 CFR 382.301) for an impaired driver hired 180 days or less before, made the background inquiries in 49 CFR 391.23(a) for a driver in the first year, and was itself under an out-of-service order.
Claims that do not depend on the driver’s negligence, such as negligent maintenance, can still be presented in phase one.
The federal safety records that become evidence
Most facts on that list sit in records federal rules require motor carriers to create and keep. Several of the retention periods are short.
| Federal rule | What it requires | Minimum time the carrier keeps it |
|---|---|---|
| 49 CFR 382.303 (post-accident testing) | Alcohol and drug tests of the surviving driver after a fatal crash, or after a moving-violation citation plus an injury treated away from the scene or a tow-away. An alcohol test not given within 2 hours must be explained in writing; attempts stop at 8 hours for alcohol and 32 hours for drugs. | Positive results and refusals: 5 years. Negative results: 1 year (49 CFR 382.401) |
| 49 CFR 391.51 (driver qualification file) | Employment application, driving records from licensing states, road test certificate, medical examiner’s certificate | While the driver works there and 3 years after; some items may be removed 3 years after they were made |
| 49 CFR 395.3 and 395.8 (hours of service and ELDs) | For property haulers: 11 hours of driving within 14 hours after coming on duty, a 30-minute break after 8 hours of driving, 60/70-hour limits over 7 or 8 days. Most carriers must use an electronic logging device (ELD). | Logs and supporting documents: 6 months |
| 49 CFR 396.3 and 396.11 (inspection and maintenance) | Systematic inspection, repair and maintenance; driver vehicle inspection reports listing defects found | Maintenance records: 1 year, and 6 months after the truck leaves the carrier’s control. Inspection reports: 3 months |
Once a retention period ends, the rule no longer requires the carrier to keep the record. A preservation request should go out early.
Who can be responsible and how fault is divided
The usual defendants are the driver and the motor carrier, and chapter 72 reaches anyone who owned, leased or controlled the truck or its driver. Others can share fault, such as another motorist. A defendant can also ask the court to designate a "responsible third party" by a motion filed at least 60 days before trial (CPRC 33.004).
The jury assigns a percentage of responsibility to each claimant, defendant, settling person and designated responsible third party (CPRC 33.003). Three rules then apply:
| Statute | What it does |
|---|---|
| 33.001 | You recover nothing if your share of responsibility is greater than 50 percent, often called the 51 percent bar. |
| 33.012 | Your damages are reduced by your own percentage, and then by the dollar amount of any settlements. |
| 33.013 | Each defendant generally pays only its own percentage. A defendant found more than 50 percent responsible is jointly and severally liable for the full recoverable amount. |
Federal minimum insurance for trucking companies
Federal rules set minimum liability coverage for motor carriers using vehicles rated at 10,001 pounds or more (49 CFR 387.9):
| Type of carriage | Minimum coverage |
|---|---|
| For-hire, interstate or foreign commerce, nonhazardous property | $750,000 |
| Oil and listed hazardous materials not in the $5 million tier | $1,000,000 |
| Certain bulk hazardous materials and highway route controlled quantities of radioactive material | $5,000,000 |
These amounts are minimums, and a carrier may carry more.
The 2-year deadline and preserving evidence
| Deadline | Time limit | Source |
|---|---|---|
| File an injury lawsuit | 2 years after the claim accrues | CPRC 16.003(a) |
| File a wrongful death lawsuit | 2 years after the death | CPRC 16.003(b) |
| Defense motion to split the trial, and employer stipulation | Later of 120 days after that defendant’s answer or 30 days after a new claim against it | CPRC 72.052(b), 72.054(a) |
| Motion to designate a responsible third party | 60 days before trial, unless the court finds good cause | CPRC 33.004(a) |
Texas also has rules for lost or destroyed evidence. In Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), the Supreme Court of Texas held that a duty to preserve arises when a party knows or reasonably should know there is a substantial chance of a claim and that evidence it holds will be material and relevant to it. The trial court decides whether spoliation occurred and the remedy. A spoliation jury instruction is limited to intentional destruction, or negligent loss that irreparably deprives the other side of any meaningful ability to present its claim or defense. Other remedies under Texas Rule of Civil Procedure 215.2 include fees, costs and excluding evidence. A written request naming specific records can help show the carrier knew a claim was likely.
What this means for your case
If a commercial truck hit you in Texas, expect the trucking company to use the HB 19 tools, and plan for them from the start.
- Send the carrier a preservation request soon after the crash covering ELD data, the driver qualification file, post-accident test records, inspection reports and maintenance records.
- Keep your own photos and video of the vehicles, the scene and your injuries.
- Get the police crash report and note the company name shown on the truck.
- Track the two-year filing deadline.
For the full picture, see our Texas truck accident lawyer page. Our FAQs explain how hours-of-service logs prove fatigue and post-crash drug and alcohol testing.
Beverly Law’s Texas-licensed attorneys handle truck accident cases across Texas. Call (310) 552-6959 for a free consultation. You owe no fees or costs unless we win.
Common questions
Can a trucking company force a two-phase trial in Texas?
Yes. In a commercial vehicle injury case filed on or after September 1, 2021, the court must split the trial if a defendant moves by the later of 120 days after its answer or 30 days after a new claim is added against it (CPRC 72.052).
Does HB 19 apply to delivery vans and box trucks?
It applies to any motor vehicle used for commercial purposes to haul property or passengers, deliver goods or provide services, including a trailer it pulls. A vehicle being used for personal, family or household purposes at the time of the collision is excluded (CPRC 72.051).
What happens if the trucking company admits the driver was its employee?
Once the company makes a timely stipulation that the driver worked for it and was on the job, respondeat superior becomes the only basis for its liability for the driver’s ordinary negligence. In a split trial, negligent entrustment evidence in phase one is then limited to the federal-records list in CPRC 72.054(c), when that list applies.
Can I still ask for punitive damages after HB 19?
Yes. Exemplary damages are decided in phase two, where other safety violations can be presented. You must prove fraud, malice or gross negligence by clear and convincing evidence, and the jury must be unanimous (CPRC 41.003).
How long does a trucking company have to keep ELD logs?
Federal rules require a motor carrier to keep records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)). After that, the rule no longer requires the carrier to keep them, so a preservation request should go out early.
What if the trucking company destroyed evidence?
The trial court decides whether spoliation happened and the remedy. Under Brookshire Bros. v. Aldridge (Tex. 2014), a jury instruction is reserved for intentional destruction or negligent loss that irreparably deprived you of any meaningful ability to present your claim.
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Related pages
Texas truck accident lawyer · Texas delivery truck and van accident lawyer · How hours-of-service logs prove a tired truck driver · How truck black box and dashcam data help · Is a truck driver drug tested after a crash? · Beverly Law in Texas
Sources
- Texas H.B. 19 (87th Leg., 2021), enrolled text, Section 6 (applies to actions commenced on or after Sept. 1, 2021)
- Texas CPRC 72.051, definitions for commercial motor vehicle actions
- Texas CPRC 72.052, bifurcated trial on a defendant’s motion
- Texas CPRC 72.053, limits on regulation-violation evidence in phase one
- Texas CPRC 72.054, employer stipulation and permitted negligent entrustment evidence
- Texas CPRC 72.055, admissibility of photos and video of the collision
- Texas CPRC 41.003, standards for exemplary damages
- Texas CPRC 33.001, proportionate responsibility bar (more than 50 percent)
- Texas CPRC 33.003, determination of percentage of responsibility
- Texas CPRC 33.004, designation of responsible third party
- Texas CPRC 33.012, reduction of damages by claimant’s share and settlements
- Texas CPRC 33.013, several and joint liability
- Texas CPRC 16.003, two-year limitations period for personal injury and death
- 49 CFR 382.303, post-accident drug and alcohol testing
- 49 CFR 382.401, retention of drug and alcohol testing records
- 49 CFR 391.51, driver qualification files
- 49 CFR 395.3, maximum driving time for property-carrying vehicles
- 49 CFR 395.8, driver’s record of duty status and ELDs, 6-month retention
- 49 CFR 396.3, inspection, repair and maintenance records
- 49 CFR 396.11, driver vehicle inspection reports
- 49 CFR 387.9, minimum levels of financial responsibility
- Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), Supreme Court of Texas opinion on spoliation
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 9, 2026.