Truck accidents
Texas House Bill 19: Bifurcated Trials in 18-Wheeler Accident Lawsuits
Texas House Bill 19, enacted in 2021, changed how certain commercial motor vehicle lawsuits can be tried in Texas courts. It added a procedure that allows a defendant to move for a bifurcated — two-phase — trial in qualifying cases, separating compensatory-damages issues from exemplary-damages issues. If you were injured in an 18-wheeler or commercial truck crash in Texas, understanding how HB 19 works can help you make sense of how your case may proceed. This guide explains the statute accurately and conservatively — it is informational, not legal advice, and it does not mean every Texas truck accident case is automatically bifurcated. For a free preliminary estimate of what your claim may be worth, see our [Texas 18-wheeler accident settlement calculator](/texas-18-wheeler-accident-settlement-calculator), and for statewide crash data see our [Texas 18-wheeler crash statistics](/research/texas-18-wheeler-crash-statistics).
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Reviewed by Raymon King, Personal Injury Attorney · Texas Bar #11459500
What Texas House Bill 19 changed for commercial motor vehicle lawsuits
House Bill 19 was passed by the 87th Texas Legislature in 2021 (Acts 2021, ch. 785) and took effect September 1, 2021, applying to civil actions filed on or after that date. It added Subchapter B to Chapter 72 of the Texas Civil Practice and Remedies Code, at sections 72.051 through 72.055. The statute applies to a defined "civil action" — one in which a claimant seeks damages for bodily injury or death caused in a collision involving a "commercial motor vehicle," which the law defines as a motor vehicle used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver goods, or provide services. Importantly, the definition expressly excludes vehicles used for personal, family, or household purposes at the time of the collision, so not every vehicle accident falls within HB 19. The legislation's stated purpose was to address litigation against persons and entities not at fault and its effect on commercial insurance costs.
When bifurcation may apply — and when it does not
Bifurcation under HB 19 is not automatic. Under section 72.052(a), in a qualifying civil action, the court "shall provide for a bifurcated trial" only on motion by a defendant. A defendant must affirmatively request it, and the motion must be timely: under section 72.052(b), it must be made on or before the later of the 120th day after the defendant files its original answer, or the 30th day after a claimant files a pleading adding a claim or cause of action against that defendant. If no timely motion is filed, the case proceeds as a single trial. And because the statute applies only to qualifying commercial motor vehicle actions, accidents involving personal-use vehicles, or cases outside the statutory definition, are not subject to this bifurcation procedure at all. In short: bifurcation is a conditional procedural right a defendant may invoke in a qualifying case — not a rule that every Texas truck accident lawsuit is split into two phases.
What happens in the first phase of a qualifying bifurcated case
Under section 72.052(c), the first phase of a bifurcated trial is limited to determining liability for, and the amount of, compensatory damages — the damages that compensate the injured person for medical bills, lost wages, pain and suffering, and other actual losses. If an employer defendant stipulates, within the time period for moving to bifurcate, that the driver was its employee acting within the scope of employment, the claimant generally may not present evidence in the first phase on an ordinary-negligence claim against the employer that depends on a finding of the driver's negligence — such as negligent entrustment. There is a narrow exception: evidence of certain regulatory violations or compliance may be admissible in the first phase to prove negligent entrustment, as described below. Claims that do not require a finding that the driver was negligent — for example, a claim for negligent maintenance of the vehicle — may proceed in the first phase.
What may be addressed in a subsequent phase
Under section 72.052(d), the second phase of a bifurcated trial addresses liability for, and the amount of, exemplary damages — what many people call punitive damages. In Texas, exemplary damages require a finding, by clear and convincing evidence, that the defendant acted with fraud, malice, or gross negligence (Texas Civil Practice and Remedies Code section 41.003). Section 72.052(e) provides that a finding in the first phase that an employee was negligent in operating the employer's commercial motor vehicle may serve as the basis for the claimant to proceed in the second phase on a claim against the employer — such as negligent entrustment — that requires a finding of the employee's negligence as a prerequisite. It is important not to overstate this: not every corporate-negligence theory is automatically excluded from the first phase, and not every employer claim is automatically moved to the second. Claims independent of the driver's negligence, such as negligent maintenance, may remain in the first phase. Whether and how these rules apply to a particular case depends on the claims asserted, the stipulations made, and the court's rulings.
What HB 19 means for evidence in a truck accident case
HB 19 also affects what evidence may be heard in the first phase. Under section 72.053, evidence of a defendant's failure to comply with a regulation or standard is admissible in the first phase only if (1) it tends to prove that the failure to comply was a proximate cause of the bodily injury or death, and (2) the regulation or standard is specific and governs the defendant, the defendant's employee, or the defendant's property or equipment. This limits unrelated "fishing" into a carrier's operations in the first phase, but it does not bar compliance or violation evidence that meets these requirements. Separately, section 72.054 provides that a court may not require expert testimony for the admission of photographs or video of the subject vehicle, except as needed for authentication, and properly authenticated photos and video are presumed admissible. Bifurcation affects when evidence is heard at trial — not whether the evidence exists or is discoverable. The underlying proof in a truck accident case — hours-of-service records, electronic logging data, and vehicle condition — is explained in our dedicated guides on hours-of-service violations, driver fatigue, and ELD tampering and falsified logs.
Why early evidence preservation still matters
Even in a bifurcated trial, the evidence that supports liability and damages must still exist when it is needed. Federal retention rules require carriers to keep some records — driver logs, electronic logging device data, and vehicle inspection reports — for only a limited period, and certain electronic data can be overwritten within days or weeks. A spoliation (preservation) letter, sent through an attorney as soon as possible after the crash, demands that the carrier preserve this evidence before it is destroyed. The bifurcation procedure does not change these retention windows or reduce the urgency of preserving evidence early. For a detailed look at the evidence that drives a Texas truck accident claim, see our guide on the hidden evidence in a semi-truck claim.
How litigation structure can affect evaluation and settlement
HB 19 does not increase or decrease what a truck accident claim is worth, and it does not change the fundamental factors that drive value — liability, the severity of injuries, medical treatment, lost income, available insurance coverage, and the strength of the evidence. What bifurcation can affect is the structure of a trial and the timing of when certain evidence and theories are presented, which in turn can influence how the parties evaluate and negotiate a case. A bifurcated proceeding may affect a carrier's assessment of its exposure to exemplary damages, for example, but the effect is case-specific and never guaranteed. For a plain-English look at how truck accident value is built — and why published "averages" can mislead — read our guide on the average truck accident settlement in Texas. No two cases are alike, and the right way to understand your situation is to evaluate the specific facts of your claim.
Estimate the potential value of a Texas truck accident claim
If you were injured in a commercial truck crash, you can get a free, preliminary estimate of what your claim may be worth based on the facts you provide. Our Texas 18-wheeler accident settlement calculator walks you through the key factors — injuries, treatment, liability, and coverage — in about two minutes, with no obligation. You'll see a preliminary range before deciding whether to request an attorney connection. To understand who may be responsible in a multi-defendant trucking case, see our guide on who is liable in an 18-wheeler accident in Texas.
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Frequently asked questions
Does Texas House Bill 19 automatically bifurcate every truck accident lawsuit?
No. Under section 72.052 of the Texas Civil Practice and Remedies Code, a bifurcated trial is available only on a timely motion by a defendant in a qualifying commercial motor vehicle action. If no motion is filed, the case proceeds as a single trial. Bifurcation is a conditional procedural option, not an automatic rule.
What is decided in the first phase of a bifurcated Texas truck accident trial?
Under section 72.052(c), the first phase determines liability for, and the amount of, compensatory damages. If an employer stipulates that the driver was its employee acting within the scope of employment, ordinary-negligence claims against the employer that depend on a finding of the driver's negligence — such as negligent entrustment — are generally not presented in the first phase, subject to limited exceptions.
What is addressed in the second phase of a bifurcated commercial truck accident case?
Under section 72.052(d), the second phase addresses liability for, and the amount of, exemplary damages. Section 72.052(e) allows a first-phase finding that an employee was negligent to serve as the basis for proceeding in the second phase on an employer claim, such as negligent entrustment, that requires that finding as a prerequisite.
Does House Bill 19 apply to every vehicle accident in Texas?
No. HB 19 applies only to a qualifying "civil action" involving a "commercial motor vehicle" as defined in section 72.051 — a vehicle used for commercial purposes in interstate or intrastate commerce. The definition expressly excludes vehicles used for personal, family, or household purposes at the time of the collision.
Reviewed for legal accuracy
RK
Raymon King
Personal Injury Attorney
State Bar of Texas No. 11459500· King Law Firm· 35 years practicing
Practice areas: Personal Injury
Raymon King is a Texas-licensed personal injury attorney with 35 years of experience representing injured Texans. He founded King Law Firm to advocate for accident victims and has spent decades evaluating and litigating personal injury claims across the state.
This article is for general information only and does not create an attorney-client relationship. Verify this attorney's license with the State Bar of Texas.
This tool produces a preliminary, non-binding estimate based on the information you provide and general personal-injury valuation methods. It is not legal advice, not a guarantee of any outcome, and not a substitute for review by a licensed attorney. Actual settlements and verdicts vary widely based on evidence, jurisdiction, insurance coverage, and many other factors. Texas Settlement Calculator is not a law firm and does not practice law; use of this tool does not create an attorney-client relationship.