Since 2021, Texas Civil Practice and Remedies Code Chapter 72, Subchapter B, lets a defendant in a commercial motor vehicle case request a two-phase trial, limits some evidence in the first phase, and lets an employer stipulate that the driver was its employee acting in the scope of employment. Owsley Law Firm handles truck crash claims across Texas and charges no fee unless we win.
In 2021, the Texas Legislature passed House Bill 19, which changed how commercial vehicle crash cases are tried. The changes affect when evidence about the trucking company comes in and how claims like negligent entrustment are handled.
These rules matter long before trial, because they shape what evidence a case needs and when. This page explains the main provisions in plain terms.
What is a bifurcated trial under Chapter 72?
On a defendant’s motion, the court must split the trial: the first phase decides liability and compensatory damages, and the second decides exemplary damages.
The 2021 law was widely discussed in the trucking and legal communities because it changed how jurors hear about a carrier’s safety record. For injured people, the practical effect is that the case must prove the driver’s negligence clearly and early, with the carrier’s broader conduct reserved for the phase where exemplary damages are decided.
The motion must be filed by the later of 120 days after the defendant’s original answer or 30 days after the claimant adds a claim against that defendant. A first-phase finding that the driver was negligent can support claims against the employer in the second phase.
What does the employer stipulation do?
If the employer stipulates the driver was its employee acting within the scope of employment, liability for the driver’s ordinary negligence rests on respondeat superior.
In a bifurcated trial, that stipulation can keep certain ordinary negligence claims against the employer, such as negligent entrustment, out of the first phase. The employer is still responsible for the driver’s negligence.
What evidence is still allowed in the first phase?
For carriers regulated under federal or Texas motor carrier law, evidence on licensing, disqualification, out-of-service orders, and similar driver qualification facts.
Evidence that the defendant violated a regulation or standard is allowed in the first phase only if the violation tends to prove a proximate cause of the injury and the regulation is specific and governs the defendant.
- Whether the driver was licensed
- Whether the driver was disqualified
- Out-of-service orders
- License restriction violations
- Road test certification
Are photos of the crash admissible?
Yes. Section 72.055 says courts may not require expert testimony to admit authenticated photos or video of the vehicles, and they are presumed admissible.
This applies even when the images tend to support or refute claims about the severity of damage or injury.
Which crashes does Chapter 72, Subchapter B cover?
Civil actions for bodily injury or death arising from a collision involving a commercial motor vehicle.
The subchapter applies to cases involving commercial motor vehicles, which typically include 18-wheelers, delivery trucks, and other vehicles used in commerce that meet the statute’s definition. Whether a particular vehicle qualifies can depend on its weight, use, and regulation.
Early in the case, confirming whether the subchapter applies helps set expectations about bifurcation and evidence timing.
What does Chapter 72 mean for an injured person?
The claim must be built with both phases in mind: proof of the driver’s negligence first, and proof of the carrier’s conduct for any exemplary damages.
Federal rules on hours of service, driver qualification, and maintenance remain central to proving what the carrier knew. Preserving electronic logs and maintenance records early is critical.
How it is proven after a crash
- Electronic logging device records
- Driver qualification files
- Maintenance and inspection records
- Engine control module data
- Crash photos and video
Mistakes that cost people money
- Building only an ordinary negligence case
- Not preserving carrier records early
- Overlooking the bifurcation deadlines
- Assuming the stipulation ends the employer’s responsibility
Frequently asked questions
Does Chapter 72 apply to pickup trucks used for work?
It depends on whether the vehicle is a commercial motor vehicle under the statute’s definitions, which can turn on weight and use. Early review of the vehicle and carrier records answers that question.
What is House Bill 19?
The 2021 Texas law that added Chapter 72, Subchapter B, changing how commercial vehicle crash cases are tried.
Does Chapter 72 cap truck accident damages?
No. It changes trial structure and evidence, not compensatory damage amounts.
Can the trucking company still be held responsible?
Yes. An employer that stipulates is responsible for the driver’s negligence through respondeat superior.
Do I need an expert to show crash photos?
No, except to authenticate them, under section 72.055.
How long do I have to file a truck claim?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
Keep reading
