Commercial vehicle collision lawsuit reform bill gets public hearing

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Senate Bill 39 is a priority bill for Lt.. Gov. Dan Patrick this session. Opponents worry the bill would make it tougher to hold trucking companies accountable.

AUSTIN, Texas — Lawmakers heard testimony from dozens of Texans on Wednesday on a bill to reform collision lawsuits involving commercial truck drivers. Senate Bill 39 is one of Lt. Gov.

Dan Patrick’s priority bills. It would only allow evidence related to proving who’s at fault for the crash to be admitted during the trial’s first phase. House Bill 19, which state lawmakers passed in 2021, split commercial motor vehicle collision trials into two parts: the first limited to evidence about the cause of the crash and the plaintiff's compensatory damages, and the second focused on the defendants’ punitive damages.



SB 39 would repeal the 2021’s exception to “the admission rule”, which the bill’s analysis notes “has been used in Texas courts since 1961”. “The admission rule puts plaintiffs and defendants on even footing to present their case, helping to reduce trial times and alleviate congestion in courts so legitimate lawsuits can move forward quickly in a fair and responsible manner,” said Sen. Brian Birdwell (R-Granbury), SB 39’s author.

Opponents worry the bill would make it tougher to hold trucking companies accountable for negligence. That includes Victoria Limon, a mother and teacher who was on board a Hays CISD bus involved in a deadly crash with a concrete pumper truck in March 2024 in Bastrop County. “If the trucking company only did its due diligence and knew to do a background check, knew to be sure that his driver was not on drugs that day – the driver admitted to being on drugs,” said Limon.

The truck’s driver, Jerry Hernandez, is charged with criminally negligent homicide. Adam Blanchard, cofounder and CEO of San Antonio-based Double Diamond Transport and Tanager Logistics, shared condolences with families injured in truck crashes. “I think it’s important for this committee to understand that this bill in no way inhibits people’s access to the judicial system,” said Blachard, who supports SB 39.

“It does not in any way inhibit their ability to be fully and completely for the accidents they’re here to testify about.” The Senate Transportation Committee left SB 39 pending..