Texas CPRC Chapter 72 (House Bill 19): Bifurcated Trials in 18-Wheeler & Commercial Vehicle Lawsuits
Summary of the Texas Rule (Tex. Civ. Prac. & Rem. Code §§ 72.051–72.055)
Governs civil actions involving commercial motor vehicles (over 10,000 lbs GVWR), mandating two-phase bifurcated trials upon timely defense motion and restricting Phase I evidence when course and scope is stipulated.
Statutory Text Summary & Legal Mechanics
Enacted by HB 19 (effective Sept. 1, 2021), § 72.052 requires the court to bifurcate a commercial vehicle trial if a defendant moves on or before the 120th day after filing its original answer. If the employer stipulates under § 72.054 that the driver was an employee in the course and scope of employment, Phase I determines only whether the driver was negligent and the amount of compensatory damages, while independent employer negligence (negligent hiring, training, entrustment) and exemplary damages are reserved for Phase II (§ 72.053).
Practical Impact on Texas Personal Injury Claims & Jury Trials
Crucially, § 72.053(b) preserves the plaintiff's right to introduce specific Federal Motor Carrier Safety Regulation (FMCSR) violations in Phase I if they are proximate causes of the crash (such as driving while fatigued in violation of 49 C.F.R. Part 395 or operating with defective brakes under Part 396), and § 72.055 defines strict admissibility rules for commercial vehicle photos/video.
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