Texas 18-Wheeler & Commercial Truck Accident Law (CPRC Chapter 72 / HB 19 Reference)

Overview of Texas Law & Liability Framework

Commercial motor vehicle (CMV) and 18-wheeler litigation in Texas is governed since September 1, 2021 by Texas Civil Practice and Remedies Code Chapter 72 (enacted via House Bill 19), which established mandatory two-phase trial bifurcation upon timely defense motion.

Key Texas Statutory Rules & Liability Standards

• Chapter 72 Mandatory Trial Bifurcation: Under CPRC § 72.052, on motion filed by a commercial motor vehicle defendant on or before the 120th day after the defendant files its original answer (or 30 days after a new pleading), the trial court MUST bifurcate the trial into two phases.
• Employer Stipulation Bars Phase I Direct Negligence: Under CPRC § 72.054, if the employer/motor carrier stipulates within the § 72.052 deadline that the driver was its employee acting within the course and scope of employment, Phase I is restricted strictly to whether the driver was negligent and the amount of compensatory damages—excluding negligent hiring, training, supervision, or entrustment evidence from Phase I except for specific FMCSR statutory violations listed in § 72.053(b).
• Phase II Exemplary Damages & Independent Employer Fault: Only if the jury finds the commercial driver negligent in Phase I does the trial proceed to Phase II (§ 72.053(c)), where the plaintiff may present evidence of negligent hiring/supervision, systemic hours-of-service violations, and gross negligence to support exemplary damages.
• Texas Intrastate vs. Interstate Hours of Service: While interstate 18-wheelers follow the federal 11-hour driving / 14-hour on-duty window (49 C.F.R. § 395.3), purely intrastate Texas commercial vehicles (including Permian Basin/Eagle Ford oilfield haulers and intrastate dump trucks) are governed by 37 Tex. Admin. Code § 4.11, which permits up to 12 hours of driving following 8 consecutive hours off duty within a 15-hour on-duty window.

Texas Court Procedure, Crash Reporting & Evidentiary Deadlines

Because 49 C.F.R. § 395.8(k) only requires motor carriers to retain Electronic Logging Device (ELD) records of duty status and supporting bills of lading for 6 months, Texas practitioners routinely issue immediate spoliation preservation letters and, where necessary, seek temporary restraining orders or Rule 202 pre-suit petitions to inspect the tractor's ECM, telematics (Omnitracs/Samsara/Motive), forward-facing dashcam, and post-accident drug/alcohol testing records (49 C.F.R. § 382.303).

Compensatory & Exemplary Damages Available Under Texas Law

Full compensatory damages in Phase I (medical bills under § 41.0105, lost earning capacity under § 18.091, physical pain, mental anguish, impairment, disfigurement, wrongful death), plus Phase II exemplary damages up to the CPRC § 41.008 statutory cap upon clear and convincing proof of gross negligence.